Florida Statutes 1953, Volume 2 · 3085 INDEX (; CRIMINAL PROCEDURE (Cont.) Arrest (Cont.) Surety...

3083 INDEX

CRIMINAL COURTS OF RECORD (Cont.) WitnEsses (Cont.)

Application of certain laws, 32.30 Certificates, pay roll, etc., 142.07 Compensation, 90.14, 90.15, 932.33, 939.07 Insolvent defendant, 932.37, 939.07 Praecipe for process, 32.21 Summons, 32.20

CRIMINAL LAWS See: Specific subject

CRIMINAL PROCEDURE See also: GRAND JURY: INDICTMENT AND

INFORMATION: JURY Aba:temen:t

Plea abolished and motion to quash substituted, 909.02

Prosecution for selling and disposing of military equipment, 250.44

Absence, witness, ground for continuance, 916.05 Accessory

After the fact, 932.13 Before the fact, 932.12 County other than where offense committed,

910.04 Accusation, right of accused to demand nature

of, DR 11 Accused See: Defendant Acquittal

Bar to subsequent prosecution, 910.11 Directing verdict, 918.08 Insane defendants, 919.11

Adverse witness, right of accused to face, DR 11 Aircraft, venue of offenses re, 910.02 Alcoholic beverages and liquors, forfeitures,

forms of proceedings, 562.40 Allegations See: Allegations under INDICT

MENT AND INFORMATION Amendment

Affidavit or complaint, appeal on trial de novo, 932.56

Indictment or information After change of venue, 911.10 Caption or commencement, 906.02

Warrant, 901.05 Amendment of statute, effect as to previous

crimes, A3 S32 Appeal

Affirmance of j).ldgment Argument, without, 924.31 Enforcement of judgment, 924.35 Executi0n, 932.51 Substantial rights of defendant, unless af-

fected. 924.33 Appellate 'court rules, 924.40 Argument, when necessary, 924.31 Attorney general to represent state, 16.01 Bail See: Bonds under Appeal Bonds

Amount, fixing, 924.14 Appeal by state, 924.18 Approval, 924.15 Breach of condition, 924.20 Condition, 903.13 Cost bond on appeal

Generally, 920.02 Insolvent appellant, 924.17 Munidpal courts, 932.52

l :,~tentir:;n of defendant where bail not given, 924.21

Jt ·urm prescribed by anpellate court, 924.40 .Habeas C'Orpus, pending appeal, 922.03 How taken, 924.15

CRIMINAL PROCEDURE (Co:1 t.) Appeal (Cont.)

Bonds (Cont.) Justice of peace court

Defendant, 932.54 Witnesses, 932.55

Municipal courts, 932.52 Stay of execution, 924.14 Suretie8, 924.15

Brief, when necessary, 924.31 Circuit court

Appellate jurisdiction; misdemeanors, 26.53 Justice of peace court, from, 932.53 Municipal courts, from, 932.52

Copy of appeal papers given on request to either party, 924.27

Costs Bond, 920.02 Insolvent defendant, 924.17 State, judgment against, in supreme court,

939.12 Counsel appointed by court, 909.21 Courts to or from which appeal lies, 924.08 Criminal cases to have precedence, 924.30 Death sentence

Appellate court may issue death warrant, 922.13

Stay of execution, 924.14 Defendant

Detention if bail not given, 924.21 Discharge pending appeal, 924.16 Evidence of insolvency, 924.17 Joint defendant, 924.04 Oath of insolvency; affidavit in lieu of,

924.17 Right to appeal, 924.02, 924.06 Time of appeal, 924.09

Dismissal of appeal for failure to prosecute, 924.29·

Enforcement of judgment on affirmance, 924.35 Exceptions to rulings, etc., in trial court, 924.11 Execution on affirmance, 932.51 Execution, stay, 924.14, 924.21, 924.22 Failure to prosecute appeal, 924.20, 924.29 Grounds, filing, 924.11 · Harmless error, 924.33 How taken, 924.11 Insolvency of defendant, proceedings, 924.17 Joint defendants, 924.04 Judgment or order appealed from

Defendant, appeal by, 924.06 State, appeal by, 924.07

Justice of peace courts Return of proceedings, 932.55 Supersedeas, 932.54 Time of taking appeal, 932.53

Lesser offense, evidence sustaining, 924.34 Matter of right, 924.05 Municipal courts, 932.52 Notice

Generally, 924.11 Opposite parties, 924.12, 924.13

Objections tc rulings, etc., in trial court, 924.11 Order of appellate court

Appeal by state, 924.37 Judgment reversed, 924.36

Parties Designation, 924.03 Joint defendants, 924.04

Rehearing, 924.39 Removal of cause when new trial ordered,

924.38 Reversal of judgment

Argument, without, 924.31 Dir~ction to trial court to enter verdict for

lesser degree· of ·offense, 924.34

c INDEX 3084.

CRIMINAL PROCEDURE (Cont.) Appeal (Cont.)

Reversal of judgment (Cont.) Discharge of defendant, 924.36 New trial, granting, 924.36, 924.38 Order of court, 924.36 Substantial rights of defendant must be

affected, 924.33 Review, scope, 924.32 Right of appeal

Defendant, 924.06 Generally, 924.05 State, 924.07

Rules of appellate court regulating practice and procedure, 924.40

Rulings of trial court reviewable, 924.32 Sentence, illegality or excessiveness as ground,

924.06 State attorney to assist attorney general, 27.05 State, by

Affirmance, order or decision, 924.37 Attorney general to represent, 16.01 Bail, when state appeals, 924.18 Reversal, order or decision, 924.37 Right to appeal, 924.02, 924.07 Stay of order in favor of defendant, 924.19 Time of appeal, 924.10

Stay of execution Appeal by state, 924.19 Death sentence, 922.06 Generally, 924.14 Habeas corpus, appeal, 922.03 · Sentence already commenced, 924.22

Stenographic reporter's notes, transcribing and filing, 924.23, 924.24

Stipulation as to parts of record, evidence, etc., to be included in record, 924.11

Supersedeas Costs, bond, 920.02 Habeas corpus, 79.11 Insolvency of defendant, 924.17 Justice of peace courts, 932.54 Municipal courts, 932.52

Supreme court rule 11 to govern. 924.11 Time for taking

Generally, 924.09, 924.10 Justice of peace courts, 932.53 Municipal courts, 932.52

Transcribing and filing notes of stenographic reporter Appeal by defendant, 924.23 Appeal by state, 924.24

Transcript, correctness settled by court, 924.23, 924.24

Transcript of records ; contents, 924.11 Transmission of papers to appellate court

Appeal by defendant, 924.25 Appeal by state, 924.26 Failure of clerk to transmit, 924.28

Trial de novo Manner of trial, 932.56 New or amended affidavit or complaint,

932.56 Return of proceedings, 932.55 Supersedeas, 932.54 Time for taking appeal, 932.53

Venue, change ordered by supreme court. 924.38

Writs of error abolished, 924.01 Appeal and error, judgment not reversed unless

substantia! rights of defendant affected, 924.33 Appearance bond See : Bonds under Bail Appearance, failure of corporation, 908.03 Appellate review, A5 S5, 11 Appointment of counsel. capital cases, 909.21 Approvers, admission, 932.32

CRIMINAL PROCEDURE (Cont.) Argument

Appellate court, when necessary, 924.31 Comments on accused, failure to testify,

918.09 Defendant entitled to concluding, 918.09

Arraignment Defendant desiring to plead guilty, 909.15 Entry of record, 908.01 Failure of corporation to appear, 908.03 Failure to arraign, 908.02 Irregularity, 908.02 Necessity and manner, 908.01 Pleading evasively, 908.03 Presence, 914.01 Standing mute, 908.03 Time, 909.23 When, DR 10

Arrest See also: ARREST Assistance in making, summoning, 901.18 Attorney at law, right to visit arrested person,

901.24 Bail when arrest occurs in another county,

901.07 Bench warrants, 903.23, 921.06 Breaking

Building to make arrest, 901.19 Release of person making arrest, 901.20

Capias Generally, 907.01 Issuance, 932.48

Committing magistrate, 901.01 Corporations

Failure to appear, 908.03 Summons, issuance, 907.03

Costs, prepayment, etc., 939.l6 Court, arrest by order, 903.23 Cruelty to children or animals, 828.01-828.03 Defective warrant, procedure, 901.05 Disposition of defendant, 907.04 Evidence, admissibility of property found on

person arrested, 901.21 Indictment or information, after return, 907.01 Infants

Cruelty to children, 828.01-828.03 Notice to parent or guardian, 932.38

Method With warrant, 901.16 Without warrant 901.17

Minor, notice to parent or guardian, 932.38 Officers

Ass1stance, may summon, 901.18 Duty after arrest

County other than where warrant issued, admission to bail, 901.07

Escape or rescue, 901.22 Offense triable in another county, 901.'08 With warrant, 901.06 Without warrant, 901.23

Principal, arrest by surety, 903.22 Release of person making arrest, breaking into

building to effect, 901.20 Rescue of person arrested, arrest and retaking

without warrant, 901.22 Search of person arrested

Generally, 901.21 Weapons, taking, 790.07

Summoning assistance to make arrest, 901.18 Summons

Answering, 901.11, 901.12, 901.14 Issuance, 901.09 Service

Corporation, 901.12, 901.13 Generally, 901.10

3085 INDEX (;

CRIMINAL PROCEDURE (Cont.) Arrest (Cont.)

Surety may arrest principal, 903.22 Warrants See: WARRANTS Weapons

Forfeiture upon conviction, 790.08 Taking from person arrested, 790.07

Without warrant, 901.15, 901.17, 901.22 Arrest of judgment

Defects or variances in indictment or informa-tion, 906.25

Grounds, 920.05 Motion dispensed with, 920.02 Procedure by motion for new trial, 920.02

Arson, witnesses Failure to give security, 902.17 Further security, 902.16 Undertaking to appear and testify at trial,

902.15 Assistant county solicitor, powers, duties and

compensation, 32.25, 43.02 Associations, description in indictment or in

formation, 906.08 Attorney at law

Appointment and compensation in capital cases, 909.21

Bail, prohibited as sureties, 903.07 Defendant's right, 902.02 Magistrate must send for, if requested by de

fendant, 902.03, 902.04 Right of accused, DR 11 Right to visit person arrested, 901.24

Attorney general See also: ATTORNEY GENERAL Appeals, to represent state, 16.01 Bail, notice of application, 903.04 Death sentence, duty re, 922.14 Indictment or information, right to inspect,

906.27 Autopsies: state attorney and county solicitor

may order, 932.57 Bail

See also: Bonds under Appeal: BAIL Admission to

Approval, generally, 903.34 Capias, arrest, 907.01, 907.04 Conviction, 919.20 County other than where warrant issued,

901.07 Denial of bail, effect, 903.02 Habeas corpus, 922.03 Indictment not found at term, 915.01 Money or government bonds, after deposit,

903.18 Offense triable in another county, 901.08 Officers who may admit to bail, 26.41,

32.09. 321.05, 903.34 Preliminary examination

Hearing, 902.14 Postponement of hearing, 902.06

Recommitment, 903.24 Right of defendant, 903.01 Trial court, 903.03

Amount Endorsed on capias or warrant, 32.09, 907.01 Increase, 903.19 Reduction, 903.04, 903.19

Appeal Approval of bonds, 903.34 State, 924.18

CRIMINAL PROCEDURE (Cont.) Bail (Cont.)

Application Denial of bail, effect, 903.02 Notice of application, 903.04 Reduction of excessive bail

Application, 903.04 Habeas corpus. 903.04

Subsequent application, 903.04 Trial court, jurisdiction to hear, 903.03

Arrest and commitment of defendant Court, order, 903.23 Surety on bail bond, 903.22

Bonds, form, contents, and sufficiency Approval

Generally, 903.34 Sheriffs', 32.27, 32.28

Cancellation, 903.31 Condition of undertaking

Appeal, 903.13 Bail, generally, 903.12

Contracts to indemnify sureties, 903.14 Defects

Effect, generally, 903.32 Liability not discharged, 903.33

Discharge, 903.21, 903.33 Fine and cost bond, 921.15 Forfeiture

Application for remission, 903.30 Cancellation of bond, 903.31 Certificate of judge, 932.46 Defects in bond, 903.32 Discharge, 903.27 Enforcement, 903.28 Estreat, 932.45 Lien on real property, 903.26 Proceedings, 903.26 Recording bond, 903.26 Remission, 903.29

Insufficient, penalty for taking, 903.35 Married women as sureties, validity, 903.06 Minors as sureties, validity, 903.06 Money or government bonds

Deposit as bail, 903.16, 903.17 Refund of deposit, 903.18, 903.21, 921.04

Officers, liability for taking insufficient, 903.35

Sureties Affidavits as to qualifications, · 903.09 Attorneys at law, 903.07 Contracts to indemnify, 903.14 County officers, 903.07 Exoneration, 903.21, 921.04 Justification, 903.09 Married women, 903.06 Minors, 903.06 Persons prohibited, 903.07 Professional bondsmen, 903.10, 903.11 Qualification, 903.05, 903.07, 903.08, 903.25 Residence, 903.05 State officers, 903.07 Substitution for deposit of cash or gov-

ernment bonds, 903.18 Sufficiency, 903.08 Surety companies, 903.15 Surrender of defendant by sureties, 903.21

Cancellation of undertaking, 903.31 Capias

Amount of bond endorsed, 907.01 Release upon giving bond, 907.04

Capital cases, DR 9 Committing magistrate

Admission, generally, 902.14 Admission, postponement of preliminary

hearing, 902.06 Warrant of commitment, form, 923.08

INDEX 3086


Contracts to indemnify sureties, 903.14 County other than where offense triable,

901.08 . County other than where warrant Issued,

901.07 Defects in undertaking, 903.32, 9q3.33 . Defendant at large on bail appearmg for tnal

may be committed, 918.01 Denial, effect, 903.02 Discharge, 903.21, 903.33 Excessive, forbidden, DR 8 Excessive, reduction, 903.04 Exoneration of sureties by surrender of de

fendant, 903.21 Extradition

Admis~ion, certain ~ases, 941.16 Commitment to await upon, 941.15 Conditions of bond, 941.16 Forfeiture, 941.18 Renewal, 941.17

Fine and forfeiture bond, 921.15 Forfeiture

Application for remission, 903.30 Cancellation of bond, 903.31 , Certificate of judge, 932.46 Defects in bond, 903.32 Discharge, 903.27 Disposition of funds, 142.03 Enforcement, 903.28 Estreat, 843.15, 932.45 Lien on real property, 903.26 Misdemeanor, 843.15 Proceedings, 903.26 Recording bond, 903.26 Remission, 903.29

Habeas corpus · Pending appeal, 922.03

- Upon hearing, 79.08 Highway patrol officers may take bond, 321.05 Increase or reduction, 903.19 Indictment, awaiting, 915.01 . Insufficient bail, penalty for takmg, 903.35 Married women, validity of undertaking,

903.06 Minor, validity of undertaking, 903.06 Money or government bonds

Deposit, 903.16, 903.17 Refund, 903.18, 903.21, 921.04

New trial, pending motion, 920.02 Offenses bailable, 903.01 Officer taking insufficient bail, 903.35 Preliminary examination postponed, after,

902.06 Professional bondsmen

Definition, 903.10 Penalty for failing to register, 903.11 Registration, 903.11

Recommitment after, 903.24 Reduction or increase, 903.19 Remission ·of forfeiture

Application, 903.30 Court may set aside judgment, 903.29

Right to bail, DR 9, 903.01 Substitution of money or government bonds,

903.17 Sureties

Affidavits as to qualifications, 903.09 Attorneys at law, 903.07 Contracts to indemnify, 903.14 County officers, 903.07 Exoneration, 903.21, 921.04 Justification, 903.09 Married women, 903.06


Sureties (Cont.) Minors, 903.06 Persons prohibited, 903.07 Professional bondsmen, 903.10, 903.11 Qualification, 903.05, 903.07, 903.08, 903.25 Residence, 903.05 State officers, 903.07 Substitution for deposit of cash or govern

ment bonds, 903.18 Sufficiency, 903.08 Surety companies, 903.15

Surrender of defendant, 903.20, 903.21 Trial court, allowance by, 903.03 Venue

Offense triable in another county, 901.08 Warrant issued in another county, 901.07

Ballistics, defendant may be present at examination, 909.18

Benefit of clergy, abolished, 870.05 Bill of particulars

See also: INDICTMENT AND INFORMATION

Court may order, 906.07 Descriptions

Name of person other than defendant, 906.08 Written instruments, 906.09 Written matter, 906.1{}

Insanity, to be filed by defendant, 909.17 Surplusage, 906.24 Worthless check, 832.02

Bonds Appeal

See also: Bonds under Appeal Generally, 924.15 Justice of peace courts, 932.54, 932.55 Municipal courts, 932.52

Appearance See: Bail Application for remission of forfeiture, 903.30 Bail See: Bail Canceling undertaking, 903.31 Defects in undertaking, 903.32, 903.33 Discharge of forfeiture, 903.27 Endorsement of amount on capias, 907.01 Estreat

Certificate of judge, 932.46 Costs, 939.02 Sureties called, 932.45

Fine and cost bond, and proceedings on, 921.15

Forfeiture, 903.26 Lien on property, 903.26 Peace bond, form, 923.06 Remission of forfeiture, 903.29 Security, for costs in justices' and county

judges' courts, 939.16 Witnesses, 902.15

Breaking Officer making arrest, 901.19 Release of person making arrest, 901.20

Bribery, witnesses, incriminating testimony, 932.29

Burglary, witnesses, incriminating testimony, 932.29

Capias · See also: Warrants Cost, collection, 939.04 Defendant in custody under, 909.04 Fine and forfeiture, collection, 921.15 Indictment or information returned

Issuance by clerk without direction, 932.48 Issuance by direction of court, 907.01

Sentence of defendant not in custody, 921.06

3087 INDEX c CRIMINAL PROCEDURE (Cont.)

Capital offense See also: Homicide; Rape; Kidnapping Bail, DR 9 Bond after conviction, 920.02 Charge of court in writing, 918.10 Cost, execution for, 939.03 Counsel for accused, appointment, 909.21 Indictment, prosecution, 904.01 Jurors, challenges in

Number, 913.08 Oath, 913.11 Qualifications, 913.03, 932.19, 932.20

Jury, recommendations to mercy, 919.23 Jury trial

Alternate jurors, 913.10 Challenge for cause, grounds, 913.03 Challenges, peremptory, number, 913.08 Number of jurors, 913.10 Qualification of jurors, 932.20 Recommendation to mercy, 919.23

Limitation of prosecution, 932.()5 Recommendation to mercy, 919.23 Sentence, death punishment

Appeal, execution stayed, 924.14 Court may issue warrant, 922.13, 922.14 Insane defendant, proceedings, 922.07 Method of inflicting, 922.10

, " 'Pregnant defendant, proceedings, 922.08 Procedure for enforcement, 922.09 Regulations for infliction, 922.11 Return of warrant, 922.12, 922.15 Stay of execution, 922.06 Warrant, 922.09

State attorneys to . represent state in preliminary trials, 27.06 ·

Supersedeas on appeal, 920.02 Waiver of jury trial forbidden, 912.01

Carriers, venue of offenses committed, 910.07 Cash bail

See also : Bail Deposit, 903.16 Substitution of bond, 903.18 Substitution of, for bond, 903.17

Cha.rge of court, writing, 918.10 Charge to jury

See also: Jury Acquittal, directing, 918.08 Additional instructions after retirement

Recall of jury by court, 919.06 Sunday or legal holiday, 919.19 Voluntary return of jury, 919.05

Attempt to commit offense, 919.16 Degrees of offense, 919.14 Included offense, 919.16 Manner of giving, by court, 918.10 Objections, generally, 918.10 Officer in charge of jury, admonition by court,

918.09 Request for instructions, 918.10 Separation and detention of jurors, 918.06

Charges and instruction to jury; assignment of error ; objections, etc.; when and how made; request for instruction, 918.10

Children molester law See: CHILD MOLESTER LAW. Ch. 801

Circuit courts See: CIRCUIT COURTS Clerk

Appeal by defendant, duty, 924.25 Appeal by state, duty, 924.26 Appeal papers, failure to transmit, 924.28 Information, duty upon filing, 932.48 Municipal court, fees, 932.52 Setting case for trial, duty to notify defend

ant, ~3·2:02 < · ·.·

CRIMINAL PROCEDURE (Cont.) Clerk (Cont.)

Witnesses before grand jury, filing list. 932.18 Commitment

See also: Magistrates Contempts of court-martial, 250.39 ' County judges' courts, 937.04 Defendant

Jail of another county, 932.39 Offense committed in another county, 918.04 Offense committed outside state, 918.03 Procedure, generally, 922.01 Trial, during, 918.01

Florida industrial school for boys, inmates Form of commitment, 958.01, 958.02 Persons who may be committed, 955.19 Recommitment of .inmates on probation,

955.23 Term of commitment, 955.21

Florida industrial school for girls Form of commitment, 958.01, 958.02 Persons who may be committed, 91'6.02 Terms of commitment, 956.05

Insane p ersons, 394.25 Justice of peace court, 937.04 Perjury, 932:41 State prison, 954.22

Committing magistrates See: Magistrates Compensation

Attorneys appointed in capital cases, 909.21 Jurors, 932.23 Witnesses

Amount, generally, 932.33 Justice of p eace courts, 932.35 Two or more cases, 932.34

Competency, witnesses, generally, 932.31 Concurrent sentence, 921.16 Conducting in name and by authority of state,

A5 S37 Confession

Deposition of defendant does not bar confession, 902.12

Treason, 932.50 Consecutive sentence, 921.16 Conservators of the peace, judicial officers,

901.01 Constables, failure to perform duties, 925.01 Constructive mileage

County commissioners, duty, 939.10 Sheriffs, constables, etc., 939.09

Contempt of court Committing magistrate

May punish offender, 932.04 Refusing order to transmit case papers,

902.18 Courts may punish offender, 932.03 Grand jury

Disclosure of testimony, 905.27 Person unlawfully at session, 905.17

State prison farm, Ch. 954 Females, 954.02

Continuance Absence of witness, 916.05 Application

Absent witness, contents, 916.05 Affidavits in support, 916.07 Certificate, 916.04 Depositions, 916.05 Form, 916.04 Hearing, 916.07 Signature of counsel, 916.04 Sworn to, 916.04

':Time for making, 916.03

c INDEX 308S

CRIMINAL PROCEDURE (Cont.) Continuance (Cont.)

Court's own motion, 916.02 Definition, 916.02 Depositions, 916.06 Granting, discretion of court, 916.02 Hearing, 916.07 Joint defendants, 916.09 Preliminary examination, 902.05 Speedy trial, right, 915.01 Time continued for, 916.08

Contracts to indemnify sureties, 903.14 Conviction as bar to prosecution, 910.11 Convicts

See also: CONVICTS County, generally, 951.01-951.19 Credits for work, 9.51.15 Exchange between counties, 951.12 Gain time for good conduct, 954.06 Hours of labor, 951.08 Inspectors, appointment, duties and reports,

952.01, 952.02, 952.04 Leasing, prohibited, 951.10 Municipal, 951.02-951.20 State

Board of commissioners of ·state institutions, investigations, 952.06

Corporal punishment prohibited, 952.05 Generally, 952.01-952.24 Road force, 952.16-952.21 Sugar :::ane, working lands authorized, 952.11

State prison, commitments, copy of indictment to commissioner of agriculture, 954.27 Classification, 954.04 Discipline; punishment, 954.29 Record and description, 954.28

Supervisors of convicts, 951.02 Uniforms, 952.20 Use for conservation purposes, 952.12

Copr of indictment, right of accused to speedy tnal, DR 11

Corporal punishment prohibited, 951.17, 952.05 Corporations · Appear, failure, 901.14

Indictment, or information, description in, 906.08

Plea of defendant Failure to plead, 908.03 Guilty, 909.08

Summons Form and contents, 901.12 Issuance; direction by court, 907.03 Service, 901.13

Costs See also: FINE AND FORFEITURE FUND Accused to pay, when, DR 14 Acquittal of defendant, 939.06 Appeal

Bond for payment, 920.02, 924.15 Insolvent defendant, 924.17 Municipal court, 932.52 Payment, 920.02

Bond for payment, 920.02 Capital cases, execution, 939.03 Committing magistrate, before, 939.02 Comptroller, power as to auditing, 939.13 County commissioners

Certification by, 939.08 Sheriff's mileage; duties, 939.10

County liability Acquittal of defendant, 939.07 Change of venue, county payable, 142.16 Courts of criminal jurisdiction, 932.37 Indictment not found, etc., 939.14 Insolvency of defendant, 939.07, 939.15

CRIMINAL PROCEDURE (Cont.) Costs (Cont.)

County liability (Cont.) Justice of peace and county judges' courts.

932.36 Sheriff's mileage, 939.09, 939.10 State, against, 939.12, 939.13

County to pay, when, A16 S9 Execution, for

Capital cases, 939.03 Cases less than capital, 939.04

Expert witnesses, felony prosecution, 932.30 Insolvent defendant

Appeals; payment, 924.17 Court reporter's fees, payment, 924.23 Discharge without payment, 922.04, 939.05 Witnesses of defendant, payment, 939.07

Judgment on conviction, 939.01 Jurors

Generally, 932.33 Justice of peace courts, 932.24

Military property; prosecutions for selling or disposing of, 250.44

Officers not entitled to pay in certain cases, 902.19

Payment and audit Appeal, prerequisite, 920.02 Capital cases, 939.03 Certification by county commissioners,

939.08 Comptroller's power, 939.13 Confinement of prisoners, charges, 939.11 County commissioners, duties, 939.08, 939.10 County liability

Acquittal of defendant, 939.07 Courts of criminal jurisdiction, 932.37 Indictment not found, etc., 939.14 Insolvency of defendant, 939.07, 939.15 Justice of peace and county judges' courts,

932.36 Sheriff's mileage, 939.09, 939.10 State, against, 939.12, 939.13

Pigeons, prosecutions for killing, 372.43 Prepayment, justice of peace court and county

judges' court, 939.16 Prisoner, charge for confinement, 939.11 Prosecutor, liability, 902.19 Sheriff's mileage

Constructive mileage, certificate of sheriff, 939.09

Duty of county commissioners, 939.10 State, against, 939.12 Witnesses

Compensation, generally, 932.33 Defendant's payment, 939.07 Insolvent defendant, 932.36, 932.37 Justices' courts, 932.35 Officers not entitled to pay, certain cases,

902.19 Testifying in two or more cases; payment,

932.34 Voluntary, not entitled to pay, 902.10

Counsel See: Aiiorney ai law Counterfeiting; evidence. 906.22 County courts See: COUNTY COURTS County jail See: JAILS; JAILERS County judge

See also : COUNTY JUDGE-COUNTY JUDGES' COURT

Failure to perform duties, 925.01 t::ounty judges' courts

See also: COUNTY JUDGE-COUNTY JUDGES' COURT

Appeals to circuit courts, 924.08 Procedure, generally, 937.'01-937.19


County officers See also: OFFICERS Bail, signing undertaking prohibited, 903.07

County solicitor 'See also: Prosecuting attorneys; COUNTY

SOLICITORS .-\cting county solicitor; appointment and

compensation, 32.17 Assistant solicitors, powers, duties, and com

pensation, 32.25 Commercial discrimination, prosecutions, 540.02 Compensation

Generally, 32.23 Large counties, 32.24

Diseased animals, enforcement of law, 585.36 Election, term of office, 32.16 Employment of children; investigating viola

tion of law, 450.121 Hotels, etc., enforcement of law, 511.31 Informations

Acting county solicitor, 32.17 Filing, in vacation, 32.19 Prosecutions on, 32.18

Powers and duties, 32.16, 32.17 Process, 32.20, 32.21 Witnesses

Authority to administer oaths to, 32.22 Process for, 32.20, 32.21

Court of crimes, appeals to circuit courts, 924.08 Court of record for Escambia county, appeals

from, 924.08 Court reporter

See al, o: COURT REPORTER; COURT REPORTER. OFFICIAL

Appeal by defendant; duties, 924.23 Appeal by state; duties, 924.24

Courts See also: COURTS Appeals, from what court taken, 924.08 Criminal cases tried first, 907.05 Open during retirement of jury, 919.'08 Review on appeal, 924.32 Time of trial of persons in custody, 909.23

Criminal cases Appellate court to give precedence, 924.30 Circuit court to try first, 907.05

Criminal courts of record See also: CRIMINAL COURTS OF RECORD Appeals, 924.08 Grand jury, 905.01 Jurisdiction, 32.01 Prosecution upon information, 32.18

Criminal procedure law Effective date, 925.02 Short titlE>, 925.03

Criminal report; form, 923.01 Date law becomes effective, 925.02 Defendant

Absent During trial; voluntarily, 914.01 Misdemeanor; may be tried for, 914.01

Argument; right to concluding, 918.09 Arraignment

Defendant desires to plead guilty, 909.15 Entry of record, 908.01 Failure of corporation to appear, 908.03 Failure to arraign, 908.02 Irregularity, 908.02 Necessity and manner, 908.01 Pleading evasively, 908.03 Presence, 914.01 Standing mute, 908.03 Time, 909.23

CRIMINAL PROCEDURE (Cont.) Defendant (Cont.)

Arrest Order of court, 903.23 Surety, 903.22

Attorney Appointment and compensation in caoital

cases, 909.21 Right, DR 11, 901.24, 902.01, 902.03

Bail See: Bail Commitment

Jail of another county, 932.39 Preliminary examination, ;}02.14 Sentence, 922.01

Costs Acquittal, 939.06 Committing magistrates; before, 939.02 Inclusion in judgment of conviction, 939.01 Issuance of capias, 939.04

Custody during trial, 918.01 Detention pending appeal, 924.21 Directed verdict; defendant entitled to, 918.08 Discharge

Appeal, pending, 924.16 Failure to prosecute, 915.01 Insolvency, 922.0'4 ' Offense committed in another county, 918.04 Offense committed outside state, 918.03 Preliminary examination, 902.13 Verdict of not guilty, 921.04

Discovery, inspection, copying and photographing state evidence by defendant, 909.18

Forfeiture of bail, 903.26 Indictment See: INDICTMENT AND INFOR

MATION Insanity

Acquittal by jury because, 919.11 After conviction, 921.09 Determination, 917.01-917.03 Examination, 917.01 Expert witnesses

Appointment by court, 917.02 Fees, 917.03

Notice of defense, 909.17 Procedure to stay sentence when alleged,

921.09 Sentence; ground for not pronouncing, 921.08 Under sentence of death, 922.07

Insolvency Adjudication; appeal, 924.17 Costs

Appeal, 924.17 County, payment by, 939.07, 939.15 Court reporter's fees, 924.23 Discharge without payment; application,

922.04, 939.05 Witnesses for defendant, procurement,

932.36, 932.37 Jail; removal to jail of another county, 950.02 Pleas

Abolition of certain, 909.02 Calling upon defendant to plead, 908.01 Determination of degree of offense, 909.11 Evasive, 908.03 Failure to appear, corporations, 908.03 Failure to enter of record, effect, 909.07 Failure to plead, effect, 909.19 Form, 909.07 Former acquittal, plea abolished, 909.02 Former jeopardy, plea abolished, 909.02 Guilty

After indictment or information filed, 909.15

Arraignment before, 909.15 Before indictment or information filed,

909.14

INDEX 3090

CRIMINAL PROCEDURE (Cont.) De·fendant (Cont.)

Pleas (Cont.) Guilty (Cont.)

I)etermination of punishment, 909.12 Effect; offense divided into degrees, 909.10 Lesser offense or lesser degree, 909.09 Offense divided into degrees, 909.10, 909.11 Presence of defendant necessary, 909.08 Withdrawal, 909.13

Insanity, notice of defense, 909.17 Not guilty

Corporation, entered upon failure to appear, 901.14

Operation in denial, 909.16 Time to prepare trial after pleading, 909.20

Pleading evasively, 908.03 Presence of defendant, 914.01 Presence of defendant in pleading guilty to

felony, 909.08 Punishment, determination upon plea of

guilty, 909.12 Standing mute, 908.03 Time to plead, 909.01

Presence Prosecution for felony, 914.01 View by jury, 918.05

Sentence, securing presence, when not in custody, 921.06

Surrender by surety, 903.20 Trial

Joint defendants, 918.02 Speedy trial, right, 915.01, 916.01 Time; defendant in custody, 909.23

Warning that testimony at preliminary examination may be used in subsequent trial, 902.09

Witness may testify, 918.09 Definitions

Continuance, 916.02 Generally, 906.01 Judgment, 921.01 Sentence, 921.05

Degrees of offenses, 906.23 Depositions

Absent witness, 916.06 Defendant's at preliminary hearing, admis

sibility at trial, 902.12 Grounds fer taking, 916.06 Preliminary examination, testimony reduced

to writing, 902.11 Procedure for taking, 916.06

Directing verdict See: Verdict Discharge, insolvent defendants in criminal

cases without payment of costs, 939.05 Discovery See: Evidence Dismissal

Appeal for failure to prosecute, 924.29 Prosecution, 915.01 Speedy trial, failure to give, 916.01

Disqualification of judge, grounds and procedure, 38.10

Documents, discovery, 909.18 Dueling

Acquittal or conviction in another county, 932.10

Seconds; venue, 932.09 Venue, generally, 932.08

Effective date of law, 925.02 Electrocution, death sentence, 922.10 Embezzlement

Alleging ownership, 906.21 Jurisdiction or venue where stolen property

brought into another county, 910.10 Pleading description of property, 906.20

CRIMINAL PROCEDURE (Cont.) Error, harmless, 924.33 Escape, arrest of escaped person without war

rant, 901.22 Evidence

See also: EVIDENCE Accused may make himself a witness, 918.09 Admission of property found on person at time

of arrest, 901.21 Approvers, 932.32 Books of corporations; false entries, 817.21 Breaking and entering; prima facie evidence,

810.07 . Burglary, 810.07 Checks, giving, without sufficient funds, 832.02 Chiropractic, prima facie evidence of illegal

practice, 460.26 Competency, 932.31 Confessions, treason, 932.50 Copying, state's documentary, defendant,

909.18 Depositions

Absent witness, 916.06 Defendant's, at preliminary hearing, ad

missibility at trial, 902.12 Grounds for taking, 916.06 Preliminary examination, testimony reduced

to writing, 902.11 Procedure for taking, 916.06

Discovery Documentary and other tangible evidence,

909.18 Examination of evidence by state, defendant

may be present, 909.18 Inspection, copying and photographing,

909.18 Motion and notice, 909.18

Disposal of property under lien, prima facie, 818.01

Elections, crimes re, 104.39 Embezzlement, prima facie evidence

Officer, failure to pay over money or protperty, 812.10

Receiver ot bank, failure to pay over money or property, 812.12

Expert testimony, 932.30 False pretenses

Paraphernalia, prima facie evidence, 817.33 Falsifying records, proof of ownership and

value, 839.13 Farm products, inspection certificates, 603.1f.i Forgery, 906.22 Fortune tellers, paraphernalia, prima facie evi-

dence, 817.13 Gambling, 849.05 Grand jury, testimony · of witnesses, 905.27 Incriminating, immunity to those giving, 932.29 Intent to defraud, variance, 906.18 Jailer, compelling prisoner by duress, 950.09 Juvenile court records;. admissibility, 39.12 Liquor cases, prima facie, 933.14 New trial

Court may hear on motion, 920.07 Evidence sustains conviction of lesser of

fense, 920.06 Transcribed testimony of former trial, 920.0? Witnesses, evidence of absent or decear::ed,

920.09 Opium ,den, prosecution for keeping, etc.,

846.06, 846.07 Oyster laws, 370.16(15) Papers, etc., copying; defendant's right, 909.18 Paraphernalia, prima facie · evidence of de-

fraudin~, 817.13 ,_. · . · ' Perpetuatmg testimony, 916.06 · •

3091 "INDEX c CRIMINAL PROCEDURE (Cont.)

Evidence (Cont.) Posting lands, proof, 821.06 Production of evidence and exhibits, 909.18 Race tracks, obtaining food, etc., for animal,

intent to defraud, 550.28 Rape; emission of seed, proof, 794.01 Receiving stolen goods, conviction of thief,

906.19 Record books of costs, prima facie evidence,

839.12 Review on appeal, 924.32 Search of arrested persons, admissibility of

property found, 901.21 Sustaining conviction of lesser offense, 924.34 Testimony of witnesses at preliminary hearing

reduced to writing, 902.11 Treason, sufficiency, 932.50 Trusts, violation of law prohibiting, 542.07 Variance, intent to defraud, 906.18

Exceptions Negativing in indictment or informa,tion, 906.12 Ruling of trial court, 924.11

Execution of sentence Appeals

Affirmance of judgment, 932.51 Detention of defendant, pending, 924.21 Discharge of defendant, pending, 924.16 Stay of execution ·

Death sentence, 922.06 Generally, 924.14 Habeas corpus, 922.03 Sentence already commenced, 924.22 State appeals, 924.19

Commitment see : Commitment; Capital offense Death sentence

Appeal, execution stayed, 924.14 Court may issue warrant, 922.13, 922.14 Insane defendant, proceedings, 922.07 Method of inflicting, 922.10 Pregnant defendant, proceedings, 922.08 Procedure for enforcement, 922.09 Regulations for infliction, 922.11 Return of warrant, 922.12, 922.15 Stay of execution, 922.06 Warrant, 922.12

Discharge of insolvent, application, 922.04 Fines and costs See: FINES AND PENALTIES Form of sentence to prison. 922.05

Extradition See : EXTRADITION

False pretenses Indictment or information, intent to defraud,

906.18 Paraphernalia, prima facie evidence, 817.13

.Venue Generally, 817.04 Property stolen in another county, 910.10

:Felonies See also: FELONIES Defined, 775.08 Fourth conviction, 775.10 Indictment or information, generally, 906.17 Presence of defendant at prosecution, 914.01 Procedure, second or subsequent conviction,

775.11 , 775.12 Punishment defined, 775.06 Second conviction, punishment, 775.09

Fines See also: FINES AND PENALTIES Capital cases, cost taxed against defendant,

as execution, 939.03

CRIMINAL PROCEDURE (Cont.) Fines (Cont.)

Cases less than capital, capias may issue for cost, 939.04

Change of venue, county payable, 142.16 Credit for time served, 951.16 Discharge of insolvent, application, 922.04 Execution of sentence imposing, 922.02 Imprisonment for nonpayment, 921.14

Fingerprint examination, right of defendant to be present, 909.18

Fish and game laws, investigations and prosecutions, 372.70

Florida farm colony for epileptics and feebleminded, 393.11

Florida industrial school for boys, generally, 955.01-955.19, 955.21-955.25

Florida industrial school for girls, generally, 956.01-956.09

Florida statutes, effect of adoption, 775.12 Forfeiture

Application for remission, 903.30 Bail bond, certificate of judge, 932.46 Cancellation of bond, 903.31 Certificate of judge, 932.46 Change of venue, county payable, 142.16 Defects in bond, 903.32 Discharge, 903.27 Enforcement, 903.26 Estreat, 932.45 Lien on real property, 903.26 Proceedings, 903.26 Recording bond, 903.26 Remission, 903.29

Forgery Evidence, 906.22 Felony, in case of, 775.11

Forms Appearance bond, 923.17 Assault and battery, affidavit, 923.13

Warrant, 923.14 Charge to coroner's jury, 936.20 Commitment

Another county, 923.20 Defendant's failure to make bond, 923.08 Industrial schools, 958.01 Peace bond, failure to make, 923.07 Witnesses for state, failure to make bond,

923.10 Committing magistrates' reports, 923.01 Continuance, application, 916.04 Criminal' report, 923.01 Estreat proceedings, certificate of judge, 932.48 Fines and forfeitures, 142.17, 142.18 Indictment and information

Caption and conclusion, 906.03 Endorsement of amount of bond on capias,

907.01 Generally, 906.05, 906.'06 Hit and run driver, 932.49 Manslaughter, 923.03 Murder, 923.03 Notice of filing, 923.02 Oath, 923.03 Perjury, 923.03

Inquisition for murder, 9~6.21 Larceny

Affidavit, 923.15 Warrant, 923.16

Murder; affidavit; warrant, 923.18, 923.19 Oaths

Coroner's jury, 936.07 Grand jury, 905.10 Insolvent defendant, 922.04 Trial jury, 913.11

c INDEX 3092

CRIMINAL PROCEDURE (Cont.) Forms (Cont.)

Peace bond Affidavit, 923.04 Bond, 923.06 Warrant, 923.05 Warrant to commit on failure to make bond,

923.07 Pleas, 909.07 Recognizance

Appearance bond, 923.17 Commitment of witness, 923.10 W\tness for state, 923.09

Search warrant Affidavit, 923.11 Warrant, 923.12

Sentence; county jail ; state prison, 922.05 Sheriff's report, 923.01 Trial, notice of setting,. 923.02 Warrants of arrest

Generally, 901.03 Issuance by coroner, 936.19, 936.22

Witnesses Commitment, failure to make bond, 923.10 Recognizance for the state, 923.09 Statement to, meeting of grand jury, 932.40

Fraud See: False pretenses Gambling

Seizure of apparatus, 901.19 Witnesses, incriminating testimony, 932.29

Good conduct, gain time for convicts, 954.06 Governor

See also: GOVERNOR. Ch. 14 Death sentence

Stay or suspension Generally, 922.06 Insanity of defendant, 922.07 Pregnancy of defendant, 922.08

Warrant Failure to issue, 922.14 Issuance, 922.09 Return, 922.12 Time of execution, fixing, 922.09, 922.11

Grand jury See also: GRAND JURY Advise; court may, 905.18 Challenge

Individual grand juror, grounds, 905.04 Panel, ground, 905.03 Procedure, 905.06 Right, 905.02. Sustaining, effect, 905.07 Time for making, 905.05

Change of venue, 905.21 Charge of court, 905.11, 905.18 Clerk, appointment, 905.13 Contempt of court, presence of persons at

sessions, 905.17 County of another may indict, when, 905.21 Court may advise, 905.18 Court reporter

Disclosures by, 905.26 Present at sessions, 905.17, 905.27

Criminal contempt, 905.27 Discharge and recall of jurors

Recall, 905.09 Sustaining challenge to panel, 905.07

Duties Generally, 905 Hi Knowledge of offense committed, 905.20

Foreman, appointment, 905.08 Grand jurors

Compensation, 905.01

CRIMINAL PROCEDURE (Cont.) Grand jury (Cont.)

Grand jurors (Cont.) Disqualification, certain cases, 932.16 Drawing, 905.01 Indictment, not to disclose finding, 905.26 Knowledge of offense committed, 905.20 Number, 905.01 Oath, 905.10 Proceedings kept secret, 905.24 Qualifications, 905.01 Summoning, 905.01 Testimony

Not to disclose, exceptions, 905.27 Not to testify, 905.25

Indictments See also: INDICTMENT AND INFORMA.:.

TION Drafting by prosecuting attorney, 905.19 Grand jurors not to disclose findings, 905.26-Grand jury of another county, by, 905.21 Number of grand jurors necessary to return,

905.23 Prosecution by, 904.01 Punishment not specified for offense, 932.15

Interpreter Appointment, 905.15 Disclosures by, 905.26, 905.27 Penalty for failure to perform duty, 924.01 Presence at sessions, 905.17

Minutes of proceedings Clerk to keep, 905.13 State attorney, delivery to, 932.18

Number and procurement of grand jurors. 905.01

Number necessary to indict, 905.23 Oath of grand jurors, 905.10 Presence of persons other than jurors at ses-

sions, 905.17 Presentment of grand jury, 905.15 Procurement of grand jury, 905.01 Prosecuting attorney

Disclosure of testimony, 905.27 Drafting indictment, 905.19 Duty, 905.19 Presence at sessions, 905.17

Recall after dismissal, 905.09 Relationship of juror to accused, 932.16 Retirement of grand jurors, 905.12 Secrets to be kept, 905.24 Stenographer

Disclosures by, 905.26 Testimony before, not to be disclosed; excep

tions, 905.27 Witnesses

Attendance, 932.28 . Examination ; duty of prosecuting attorney.

905.19 Grand jurors having knowledge of offense,

905.20 Interpreter

Appointment, 905.15 Disclosures by, 905.26

List returned by foreman, 932.18 Presence at sessions, 905.17 Statement to date of meeting, 932.~0 Subpoenas issued by state attorney, 932.17 Swearing, 905.22 Testimony; disclosure prohibited, 905.27

Habeas corpus See also : HABEAS CORPUS, Ch. 79 Appeal

By state, 924.07 Supersedeas, 79.11


Habzas corpus (Cont.) Application

After motion to quash, 909.04 While serving sentence, 922.03

Custody of defendant, pending appeal, 922.03 Indictment or information, attack on, 909.04 Sentence, while serving, 922.03 Trial of defendant pending appeal of habeas

corpus, 909.22 .Hanging as punishment abolished, 922.1'0 Harmless error

Judgment not to be reversed, 924.33 Verdict, rendering and recording, 919.22

Hit and run driver, form of information, 932.49 Homicide

See abo: HOMICIDE, Ch. 782 Affidavit of murder, 923.18 Indictment or information

Manslaughter, 923.03 Murder, 923.03

Murder Jurisdiction, dueling, 932.09 Witnesses

Bond to appear and testify, 902.15, 902.17 Further security, 902.16

Venue, injury in one county, death in another, 910.09

Honey inspection and certification law, 586.09 Immunity from prosecution, incriminating evi

dence ; persons giving, 932.29 Indictment and information See: INDICT

MENT AND INFORMATION, Ch. 906 Infants; notice to parent or guardian, 932.38 Insanity

Acquittal by jury, effect, 919.11 After conviction, procedure, 921.09 Death sentence, proceedings, 922.07 Determination, 917.01, 917.03 Examination, 917.01 Expert witnesses

Appointment, 917.02 Fees, 917.03

Notice of defense, 909.17 Procedure to stay sentence when alleged,

921.09 Sentence, ground for not pronouncing, 921.08

Insolvency of defendant See also: Defendant Adjudication; appeal, 924.17 Costs

Appeal, 924.17 County, payment by, generally, 939.15 Court reporter's fees, 924.23 Discharge without payment

Application, 922.04 County; payment by, 939.07 Generally, 939.05

Witnesses for defendant County, payment by, 939.07 Courts of criminal jurisdictions, procure

ment, 932.37 Justice of peace and county judges' courts,

procurement, 932.36 Instructions to jury See : Charge to jury Instruments, written, 906.09, 906.10 Intent to defraud, 906.18 Interpretation of law, 906.26 Interpreters

Appointment, 905.15 Indictment, not to disclose findings, 905.26 Penalty for failure to perform duty, 925.01

Jails and jailers Confinement and incarceration of prisoners,

generally, 950.01-950.09 Removal o~ prisoner to another county, 950.02

CRIMINAL PROCEDURE (Cont.) Jeopardy, former

Bar to prosecution, 910.11 Dueling, 932.10 Plea abolished, 909.02

Judge See also: JUDGES, Ch. 38 Admonishing officer in charge of jury, 918.07 Admonishing tl}e jury, 918.06 Appointment of counsel in capital offenses,

909.21 Bail, certificate in estreat proceedings, 932.46 Challenge to individual juror; trial, 913.06,

913.07 Change, 911.01 Charge to jury, 918.10 Committing magistrate, 901.01 Disqualification, 911.01 Examination of jurors, 913.02 Foreman of ju1-y; appointment, 919.0:S Judgment, rendition, 921.0:! Mitigating or aggravating circumstances; in

quiry, 821.13 Removal of cause; duty, 911.10 Sentence, duty before pronouncing, 921.07

JudgmenJ and sentence See also: JUDGMENT Affirmance, enforcement of judgment, 924.35 Aggravating or mitigating circumstances; in-

quh-y by court, 921.13 Appellate court

Affirmance; enforcement of judgment, 924.35 Evidence sustains lower degree, 924.34 Removal of cause when new trial ordered,

924.38 Reversal; not unless substantial rights af

fected, 924.33 State appeals, 924.37

Arrest · Grounds, 920.05 Motion dispensed with, 920.02

Bond for payment of fine and cost, 921.15 Concurrer.t and consecutive sentence, 921.16 Costs, 939.01 County courts, plea of guilty, 32.08 County jail; form of sentence, 922.05 County judges' courts, generally, 937.11, 937.12 Criminal courts of record, plea of guilty, 32.08 Custody of defendant, 922.01 Death sentence

Appeal, execution stayed, 924.14 Court may issue, warrant, 922.13, 922.14 Insane defendant; proceedings, 922.07 Method of inflicting, 922.10 Pregnant defendant; proceedings, 922.08 Procedure for enforcement, 922.09 Regulations for infliction, 922.11 Return of warrant, 922.12, 922.15 Stay of execution. 922.06 Warrant, 922.12

Definition Judgment, 921.01 Sentence, 921.05

Entry on minutes of court, 921.02 Execution

Appeals Affirmance ·of judgment, 932.51 Death sentence, 922.06 Detention of defendant; pending, 924.21 Discharge of defendant; pending, 924.16 Habeas corpus, 922.03 Sentence already commenced, 924.22 State appeals, 924.19 Stay of execution, generally, 924.14 Warrant, 922.12

Commitment, generally, 922.01

c INDEX 3094

CRIMINAL PROCEDURE (Cont.) Judgment and sentence (Cont.)

Execution (Cont.) Death sentence

Appeal, execution stayed, 924.14 Court may issue warrant, 922.13, 922.14 Insane defendant, proceedings, 922.07 Method of inflicting, 922.10 Pregnant defendant, proceedings, 922.08 Procedure for enforcement, 922.09 Regulations for infliction, 922.11 Return of warrant, 922.12, 922.15 Stay of execution, 922.06 Warrant, 922.12

Discharge of insolvent, application, 922.04 Fine and costs

Capital cases; costs taxed against defendant as execution, 939.03

Cases less than capital, capias may issue for costs, 939.04

Execution for fine, 922.02 Imprisonment for nonpayment, 921.14

Form of sentence to prison, 922.05 Jail of another county; expense, 950.01

Fine, time allowed for payment, 937.15 Good conduct, commutation of time, 954.06 Guilty, rendition of judgment, 921.02 Habeas corpus while serving sentence, 922.03 Imposing fine, execution, 922.02 Imprisonment until fine paid, 921.14 Indictment or information, reference to judg-

ment, 906.11 Informal verdict; judgment, 921.03 Insanity of defendant

Grounds for not pronouncing, 921.1)8 Procedure when alleged, 921.09

Justice of peace courts, generally, 937.11 Mitigating by Florida statutes, 775.12 Mitigating or aggravating circumstances· in-

quiry by court, 921.13 ' Motion for new trial, effect, 920.07 Non-identity of defendant

Grounds for not pronouncing, 921.08 Procedure when alleged, 921.12

Not llUiltY Ball exonerated, 921.04 Discharge of defendant, 921.04 · Refund of money or bonds deposited as bail,

921.04 Open court; pronouncing sentence, 921.05 Pardon of defendant

Grounds for not pronouncing, 921.08 Procedure when alleged, 921.10

Pregnancy of defendant Grounds for not pronouncing, 921.08 Procedure when alleged, 921.11

Presence of defendant, 921.06 Pronouncement of sentence, conditions prece

dent, 921.07 Rendition of judgment, generally, 921.02

Verdict defective, 921.03 Second and subsequent offenses, convictions

Fourth offense, 775.10 Procedure, generally, 775.11 Second offense, 775.09

Sentence Appeal

Defendant, 924.06 State, 924.07

Suspended, 948.{)1 Revocation, 948.03

State prison, form of sentence, 922.05

CRIMINAL PROCEDURE (Cont.) Judgment and sentence (Cont.)

Stay of sentence Appeal by defendant, 924.14 Appeal by state, 924.19 -Death, 922.06 Sentence and fine, 921.15 Sentence commenced, 924.22

Treason, suspension, 940.01 Verdict, ambiguous or informal, 921.03 Warrant for arrest of defendant awaiting sen-

tence, 921.06 Jurisdiction

See also: Venue Accessories after the fact, 932.13 Accessories before the fact, 932.12 Appellate, A5 S5,11,18 Appellate jurisdiction, circuit court, 26.53 Bribery at primary elections, 104.061 Circuit court, A5 Sll, 26.53 County court, A5 S18, 34.01 County judge, A5 S15, 36.01 Courts, generally, 932.01 Crimes

Commenced in another state, consummated in Florida, 901.01

Commenced in state, consummated else-where, 932.07

Committed partly in different counties, 910.01) Navigable waters between counties, 932.11 Place where committed, 910.03

Criminal court of record, A5 S25, 32.01 Justices of the peace, A5 S22, 37.01, 37.24 Juvenile court, 39.02 Municipal courts, A5 S34 Transfer of causes, circuit court to criminal

court. of record, 53.13 Jury

Additional evidence after retirement, 919.07 Additional instructions after retirement

Court may call jurors, 919.06 Time for giving, 919.19 Voluntary return of jury, 919.05

Additional jurors, 932.22 Admonition by court, 918.06 Admonition to officer in charge, 918.07 Alternate jurors, number, 913.10 Attempt, may convict if charge includes, 919.11 Capital cases, number of jurors, 913.10 Challenge to juror

Grounds, generally, 913.03 Grounds to be stated, 913.05 Peremptory, number, 913.08 Presence of defendant, 914.01 Procedure, 913.05 Sustaining, effect, 913.09 Time for making, 913.04 Trial by court, 913.06 Witnesses, examination on trial, 913.07

Challenge to panel, 913.01 Change of venue for insufficiency of qualified

jurors, 40.20 Charge by court See: Charge to jury Communications, 918.06, 918.07 Compensation

Generally, 932.23 Justices' courts, 932.24

Competence, examination of jurors, 913.02 County judges' court, 937.06-937.09, 937.17 Court may recall, for additional instructions,.

919.06 Court open during retirement, 919.08 Degree of offense, determination, 919.14 Deliberation, papers, etc., jury may have.

919.04

3095 INDEX

CRIMINAL PROCEDURE (Cont.) Jury (Cont.)

Detention. 918.06 Direction to acquit defendant. 918.08 Discharge of jurors, 919.21 Disposition of defendant, 919.20 Documents, jury may take certain, upon re-

tirement, 919.04 Draw ng, 932.21 Empaneling, 932.21 Evidence, additional, after retirement, 919.07 Examination

Generally, 913.02 Presence of defendant, 914.01

Foreman; selection, 919.03 Grand See: Grand jury: GRAND JURY Grounds for challenge to juror, 913.03 Insanity, acquittal by jury, 919.11 Instructions See: Charge to jury Joint defendants; verdict in case, 919.17 Justice of peace court, demand of defendant,

37.24 . Manner of declaring verdict, 919.09 Meals and lodging, 919.01 Mistrial, 919.21 Number of jurors

Additional and special, may be summoned, 932.22

Trial; regular and alternate, 913.10 Oath of jurors, 913.11 Officer in charge, admonition by court, 918.07 Panel, challenge, 913.01 Pay to jurors

Generally, 932.23 Justices' courts, 932.24

Peremptory challenges, number, 913.08 Polling the jury, 919.10 Procurement, 932.21 Qualifications

Capital cases, 932.20 Generally, 932.19

Recall for supplemental instructions, 919.06 Recalling jurors for additional evidence, 919.07 Recommendation to mercy, 790.16, 919.23 Reconsideration of ambiguous or defective ver-

dict, 919.18 Regulation, 919.01 Retirement, documents and evidence may be

taken, 919.04 Return of jurors and verdict, 919.09 Right to trial by, DR 3, 11 Sealed verdict

Admonition to jurors, 919.13 Proceeding on, 919.12

Separation after submission of cause. 919.02 Separation and detention, 918.06 Special jurors, 932.22 Summoning, 932.21 Time for challenging for cause, 913.04 Trial by

Previous conviction of felony, issue, 775.11 Right to, DR 3, 11 · Waiver, 912.01

·verdict See: Verdict View by jury

Court may order, 918.05 Presence of defendant, 914.01, 918.05

Waiver of trial by jury, 912.01 Justice of peace

See also: Magistrates; JUSTICE OF PEACE COURTS. Ch. 37

Appeals to circuit courts, 924.08 Jurisdiction in certain counties, 37.01, 37.24 Penalty for failure to perform duties, 925.01 Trial procedure, generally, 937.01-937.19

CRIMINAL PROCEDURE (Cont.) Kidnapping

iJurisdiction, 932.14 Witnesses

Failure to give security, 902.17 Further security, 902.16 Recognizance to appear and testify at trial.

902.15 Larceny

Indictment or information charges, 811.021 Jurisdiction or venue, stolen property brought

into another county, 910.10 Testamentary instrument, ownership, 811.04 Witnesses, incriminating testimony, 932.29

Libel Indictment or information, 906.15 Notice as condition precedent to prosecution,

836.07 Truth given in evidence, DR 13

Limitations of prosecutions Generally, 932.05 Profanity, 847.04 Public officers 932.06 Wild trees, selling, etc., certain, removed from

land of another, 865.06 Magistrates

Bail Arrest occurs in another county, 901.07 Defendant committed, 902.14 Further security, procedure, 902.16, 902.17 Postponement of examination, 902.06 Taking insufficient; liability, 903.35 Waiver of examination, 902.02

Contempts, punishment, 932.04 Costs, taxing, 939.02, 939.14 , Judicial officers as committing magistrates,

901.01 Papers, transmission to clerk of court, 902.18 Preliminary examination See: Preliminary

examination Prosecutor liable for cost, 902.19 Summons, issuance in lieu of warrant, 901.09 Warrant

Form and contents, 901.02 Issuing, generally, 901.08 Offense triable in another county, 901.08

Manslaughter See: Homicide . Married women, bail; sureties on bonds, 903.06

Militia Abatement of prosecution for selling or dis

posing of military equipment, 250.44 Method of prosecuting cases, 904.01

Minors; notice to parent or guardian, 932.38 Mitigating or aggravating circumstances, inquiry

by court before sentence, 921.13 Motion for new trial See: New trial Motion to quash See: Quash Motor vehicles

Hit and run driver; form of information, 932.49 Report of accident, 317.17

Municipal courts Affidavits and warrants, 168.04 Appeals, generally, 932.52 Appeals to circuit court, 932.52 Mayors' courts, generally, 168.02

Murder See: Homicide Names

Persons other than defendant; indictment and information, 906.08

Witnesses before grand jury, indictment and information, 906.29

Nature and cause of accusation, accused may demand, DR 11

Navigable waters, jurisdiction, 932.11

c INDEX 3096

CRIMINAL PROCEDURE (Cont.) New trial

Arrest of judgment Defects or variance in indictment or infor-

mation, 906.25 Grounds, 920.05 Motion dispensed, 920.02 Procedure by motion for new trial, 920.02

Effect of granting, 920.09 Evidence on hearing, 920.07 Form of motion, 920.03 Granting, generally, 920.01 Grounds

Defects in indictment or information, 906.25 Generally, 920.04 Substantial rights of defendant prejudiced,

920.05 Hearing, 920.07 Higher offense, prosecution, 920.09 Lesser offense, evidence sustains, 920.06 Notice to prosecuting attorney, 920.03 Order of court, 920.08 Procedure on new trial granted, 920.09 Removal of cause, order, 924.38 Sentencing defendant, 920.07 Supersedeas, 920.02 Time for making motion, 920.02

Notice Appeal, 924.12, 924.13 Inquiry into mitigating or aggravating circum-

stances, 921.13 New trial, 920.03 Parent or guardian of minor defendant, 932.38 Setting case for trial, 923.02

Oath Grand jury, 905.10 Information, 923.03 Insolvent defendant, 922.04 Petit jury, 913.11

Offense See: Specific heads Against aircraft, 910.02 Commenced in state, consummated elsewhere,

932.07 Committed by person in another county, 910.06 Committed elsewhere, consummated here,

910.01 Committed on railroad train or vehicle, 910.07 Committed on vessel, 910.08 Committed partly in two counties, 910.05 Divided into degrees, indictment or informa-

tion, 906.23 Procedure where committed in another county,

918.04 Procedure where committed outside of state,

918.03 Officer

See also : OFFICERS Arrest

Assistance, 901.18 With warrant, 901.06, 901.16 Without warrant, 901.15, 901.17, 901.23

Attorney for defendant shall communicate messages to, 902.03

Bail, insufficient, taking, 903.35 Breaking into building

Make arrest, 901.19 Release of person attempting to make arrest,

901.20 Disclosing finding of indictment by grand jury,

905.26 Failing to conform to law; penalty, 925.01 Judicial, as committing magistrate, 901.01 Limitation of prosecution, 932.05

CRIMINAL PROCEDURE (Cont.) Officer (Cont.)

Penalty for violating provisions, 925.01 . Search and seizure incidental to arrest, 901.21 Sheriff; duty after commitment, 922.01

Order of court · Granting new trial, 920.08 Judgment affirmed, 932.51 Judgment reversed, 924.36 State appeals, 924.37

Pardon See also: PARDON: PAROLE, Ch. 947 Sentence, grounds for not pronouncing, pro

cedure, 921.08, 921.10 Peace bond

Affidavit, 923.04 Form of bond, 923.06 Warrant

Form, 923.05 Petition, 923.04

Warrant for failure to make, form, 923.07 Perjury

Attempt to commit; indictment, 906.16 Commitment, 932.41 Form of indictment or information, 923.03 Indictment or information, generally, 906.16 Solicitation, indictment or information, 906.16 Subornation, indictment or information, 906.16

Photographs, discovery of state evidence, 909.18 Pleas

Abatement abolished, 909.02 Abolition of certain, 909.02 Arraignment, 908.01 Evasive pleas, 908.03 Failure to appear, corporations, 908.03 Failure to enter of record, effect, 909.07 Failure to plead, effect, 909.19 Form, 909.07 Former acquittal, plea abolished, 909.02 Former jeopardy, plea abolished, 909.02 Guilty

Arraignment, before, 909.15 Before indictment or information filed,

909.14 Courts to be open for voluntary pleas, 32.08 Determination of degree, 909.11 Determination of punishment, 909.12 Effect, offense divided into degrees, 909.10 Indictment or information filed, 909.15 Lesser offense or lesser degree, 909.09 Presence of defendant, 909.08 Withdrawal of plea, 909.13

Insanity, notice of defense, 909.17 . Not guilty

Corporation; failure to appear, 901.14 Evasive pleading, 908.03 Operation in denial, 909.16 Standing mute, 908.03 Time to prepare trial after pleading, 909.20

Presence of defendant, generally, 914.01 Presence of defendant in pleading guilty to

felony, 909.08 ' Punishment, determination upon plea of gililty,

909.12 Refusal to plead, 908.03 Standing mute, 908.03 Time to plead, 909.01 When filed DR SIO

Polling jury, 919.10 Precedence of criminal cases

Appeal, 924.30 Trial, 907.05

Pregnancy, ground for not pronouncing sentence, procedure, 921.08, 921.12


Preliminary examination See also: Magistrate Bail, after postponement, 902.06 Capias, defendant in custody under, 909.04 Clerk of court, transmission of pages to, 902.18 Commitment of defendant, 902.14 Continuance, 902.05 Costs, prosecutor liable, 902.19 Counsel

Magistrate to advise accused of right, 902.01 Sending for, 902.03

Defendant Admitted to bail, 902.14 Arrested or held under capias, 909.04 Committed, 902.14 Court shall advise, of charge, 902.01 Discharged, 902.13 Held to answer, 902.14 Presence, 902.08 Witness, 902.09

Deposition of defendant, 902.11, 902.12 Discharge of defendant, 902.13 Further security, when may be required, 902.16 Papers, transmission to clerk of court, 902.18 Postponement, 902.05 Procedure, generally, 902.01 Prosecutor liable for cost, 902.19 Recording of testimony, 902.11 Testimony reduced to writing, depositions,

902.11 Time of hearing, 902.{)4 Transmission of papers by magistrate, 902.18 Waiver by defendant, 902.02 Witnesses

Bond to appear, certain cases, 902.15 Cross examination; presence of defendant,

902.08 Defendant may testify, warning, 902.09 Defendant's, 902.09, 902.11 Examination in presence of defendant, 902.08 Exclusion and separation, 902.10 Failure to give security, procedure, 902.17 Fees of enforcement officers, 902.19 Further security may be required, 902,16 Grand jury to meet, recognizance, 932.40 Mileage, 902.19 · Per diem, 902.19 Recognizance of witness

Failure to give security, procedure, 902.17 Further security may be required, 902.16 Generally, 902.15 Grand jury to meet, 932.40

Separation, may be put under rule, 902.10 Shorthand, testimony taken in, 902.11 Summoning, 902.07 Testimony, when recorded, ~02.11

Presence of defendant Hearing on motion to quash, 909.03 Pleading guilty, 909.08 Prosecuted for felony, 914.01

Presentment by grand jury, 932.15 Presentment, indictment, etc., by, DR 10 Principal, arrest of surety by, 903.22 Process

See also : Search and seizure; summons; war-rants

Capias; issuance, 907.01, 932.48 County solicitor, 32.20, 32.21 Courts of criminal jurisdiction, power, 932.02 Courts to issue, 932.02 Criminal courts, execution by sheriff, 30.15 Disposition of defendant upon arrest, 907.04 Justice of peace courts, 37.16 Mayor's court, 168.03

CRIMINAL PROCEDURE (Cont.) Process (Cont.)

Power to issue, 932.02 Prosecuting attorneys, powers, 34.14 Refusal to execute, 30.19, 839.19, 839.20 Resisting or obstructing, 843.01, 843.02 Runs throughout state, 932.02 State lands acquired by United States, 8.~

6.06 Summons

Issued for corporation, 907.03 Issued for individual, 907.02

Traffic officers; service, 146.04 Vacation proceedings, 32.19

Production of documents, 909.18 Professional bondsmen

Definition, 903.10 Registration, 903.11

Prosecuting attorneys See also: COUNTY PROSECUTING ATTOB·

NEY; COUNTY SOLICITOR; STATE ATTORNEYS; PROSECUTING ATTORNEY

Arraignment of defendant, 908.01 Bail, enforcement of forfeiture, 903.28 Commenting on failure of accused to testify.

918.09 County judges' courts

Conviction fees and compensation, 125.04 Employment by board of county commis

sioners, 125.03 Grand jury

Attendance upon, etc., 905.19 Disclosure of testimony, 905.27 Drafting of indictments, 905.19 Presence at sessions, 905.17

Indictments and information Bill of particulars, furnishing, 906.07 Drafting, 905.19 Filing, 932.47 Reading to defendants, 908.01 Signing, 906.04 Verification, 906.04

Minutes of proceedings before grand jury, de-livery, 932.18

Notice of appeal, 924.12 Notice of new trial, 920.03 Penalty for failure to perform duties, 925.01 Removal of cause, 911.10 Subpoenas, issuance, 932.17 Warrants, affidavits for issuance, 901.02 Witnesses; furnish names to defendant, 906.29

Prosecution Continuance, generally, 916.03 Dismissal, 915.01 Failure to prosecute, 951.01 Immunity, person giving incriminating evi

dence, 932.29 Limitations, 932.05 Presence of defendant, 914.01

Prosecutor, when liable for costs, 902.19 Punishment, cruel and unusual, prohibited, DR 8 Quash

Appeal by state from order, 924.07 Failure to move to quash; effect, 909.06 Grounds

Formal defects, 906.25 Former jeopardy, 909.06

Hearing on motion, 909.03 Limitation of prosecutions, 932.05 Misjoinder of offenses, 906.25 Pardon, 909.06 Right to m ove for, 909.04 Signature to motion, 909.03 Substitution of motion for certain pleas, 909.02 Sustaining motion, effect, 909.05 Time for moving, 909.01, 909.03

INDEX 3098

CRIMINAL PROCEDURE (Cont.) Railroads and common carriers, jurisdiction or

venue of offenses committed on, 910.07 Rape

Elements of crime, proof, punishment, etc., 794.01

Recommendation of mercy, 794.01 Witnesses, recognizance to appear at trial,

902.15 Receiving stolen goods, indictment or informa

tion, 906.19 Recognizance

Defendant, 901.01 Perjury cases, 932.41 Witnesses, 902.15

Recommendation to mercy by jury, 794.01, 919.23 Record, inspection, 906.27 Rehearing on appeal, 924.39 Removal of cause

See also: Venue Application

Form and contents, 911.03 Hearing, 911.05 Service of copy, 911.04 Time for making, 911.03

Court of county to which cause removed, duty, 911.10

Grounds for removal, 911.02 Joint defendants, proceedings, 911.09 New trial directed by appellate court, 924.38 Order of removal, recording and transmission,

911.07 Proceedings in removal if defendant in cus

tody, 911.06 Prosecuting attorney of county to which cause

removed, duty, 911.10 Witness, duty, 911.08

Rescued person; arrest without warrant, 901.22 Robbery · Venue, stolen property brought into another

county, 910.10 Witnesses, recognizance to appear, 902.15

~ Rules, appellate court, 924.40 Scire facias ad audiendum errores; writs abol

ished, 924.01 Search and seizure

Arrested person, 901.21 Bottles and boxes, stamped or marked, 506.03 Bureau of inspection, 19.51 • Concealed property, 901.21 Concealed weapons, intoxicating liquors, stolen

goods, etc., 901.21 . Implements of gambling, 901.19 Incidental to arrest, 901.21 Tools, etc., forging and counterfeiting, 831.20

Second and subsequent conviction, 775.11 Sentence See: Judgment and sentence Severance

Continuance, joint defendants, 916.09 , Joint defendants, generally, 918.02 Sex offenses against children See: SEX OF

FENSES AGAINST CHILDREN, Ch. 801 Sheriff

Custody of defendant after sentence, 922.01 Penalty for failure to perform duties, 925.01

Slander, indictment and information, 906.15 Speedy and public trial of accused, right to,

DR 11, 906.01, 915.01 State and county officers; surety on bail, 903.07 State attorney

See also: Prosecuting attorneys; STATE ATTORNEYS, Ch. 27

Appeals, to assist attorney general, 27.05 ' Duties, 27.03

Prosecution by, 27.02 Summoning and interrogating witnesses, 27.04

CRIMINAL PROCEDURE (Cont.) State convict inspectors, reports, failure to make,

falsifying, 952.03 State prison farm, form of sentence, 922.05

Statutes Exceptions, negativing, in indictment or infor

mation, 906.12 Excuses, negativing, in indictment or informa

tion, 906.12 Provisos, negativing, in indictment or informa

tion, 906.12 Stay pf sentence

Appeal by defendant, 924.14 Appeal by state, 924.19 Death sentence, 922.06 Sentence and fine, 921.15 Sentence commenced, 924.22

Stenographic notes, filing and inspection of, 905.17

Subornation of perjury; indictment or informa-tion, 906.16 ·

Subversive activities; investigation by grand jury, 876.28 -

Summons Arrest, summoning assistance, 901.18 Contents and form, 901.09 Corporations as defendant

Complaint against corporation, 901.12 Failure to appear or plead, 901.14, 908.03 Indictment or information against corpora

tion, 907.03 Service, 901.13

Defendant, generally Complaint against defendant, 901.09 Failure to appear, 901.11 Indictment or information filed, 907.02 Service, 901.10

Jurors Regular panel, 932.21 Special jurors, 932.22

Witness subpoena Direction, 932.25 Include all witnesses, 932.26 Praecipe, 9'32.26 Preliminary examination, 902.07 Run throughout state, 932.25

Sunday, rendition of verdict, 919.19 Supersedeas

Costs; bond, 920.02 Habeas corpus

Appeal, 79.11 Pending trial, 909.22

Insolvency of defendant, 924.17 Justice of .Peace courts, 932.54 Municipal courts, 932.52

Sureties Additional sec)lrity, 903.19 Affidavits as to qualifications, 903.09 Arrest of principal by surety, 903.22 Attorneys at law, 903.07 Contracts to indemnify, 903.14 County officers, 903.07 Exoneration, 903.21, 921.04 Fine and cost bond, 921.15 Forfeiture

Application for remission. 903.30 Cancellation of bond, 903.31 Certificate of judge. 932.46 Defects in bond, 903.32 Discharge, 903.27 Enforcement, 903.28 Estreat, 932.45 ·

3099 INDEX

CRIMINAL PROCEDURE (Cont.) Sureties (Cont.)

Forfeiture (Cont.) Lien on real property, 903.26 Proceedings, 903.26 Recording bond, 903.26 Remission, 903.29

Justification, 903.09 Married women, 903.06 Minors, 903.06 Money or government bonds as bail, 903.16 Notice to sureties, setting for trial, 923.02 Persons prohibited, 903.07 Professional bondsmen, 903.10, 903.11 Qualification, 903.05, 903.07, 903.08, 903.25 Residence, 903.05 State officers, 903.07 Substitution for deposit of cash or government

bonds, 903.18 Sufficiency, 903.08 Surety companies, 903.15

Surplusage, indictment and information, 906.24 Suspended sentence, 948.01

Revocation, 948.03 Testimony See: Evidence Transcript of record

Copies to be furnished either party, 924.27 Defendant appeals, 924.23, 924.25 Failure of clerk to transmit record, 924.28 State appeals, 924.24, 924.26

Treason Evidence, 932.50 Witnesses, DR 23

Trial Accused as witness, 918.09 Admonition by court

Jurors, 918.06, 919.13 Officer in charge of jury, 918.07

Approvers, 932.32 Capital cases; appointment and compensation

of counsel, 909 .21 Charge to jury

Additional, after retirement, 919.05, 919.06 Attempt to commit offense, 919.16 Generally, 918.10 Included offense, 919.06 Objections, 918.10 Sunday, 919.19

Comment by prosecuting attorney on defendant's failure to testify, 918.09

Commitment of defendant at large on bail, 918.01

Continuance See: Continuance Court open during retirement of jury, 919.08 De novo See: Trial de novo Deliberations of jury, 919.01 Detention of jurors, 918.06 Discharge of defendant; failure to grant speedy

trial, 915.01 Habeas corpus, pending appeal, 79.12, 909.22 Joint defendants, 918.02 Jurors; separation, detention, admonition by

court, 918.06 Jury, 937.06 Jury trial; waiver, 912.01 Minors; notice to parent or guardian, 932.38 New trial See: New trial Notice of setting case, 923.02 Place, generally, 910.03 Polling jury, 919.10 Presence of defendant, 914.01 Procedure where offense committed in an

other county, 918.03, 918.04 Public; right of accused, 919.01 Questions for jury; capability of committing

rape, 794.02

CRIMINAL PROCEDURE (Cont.) Trial (Cont.)

Request for instructions, 918.10 Separate; joint defendants, 918.02 Separation and detention of jurors, 918.06 Separation of jurors, 919.02 Severance, 918.02 Speedy trial, 915.01, 916.01 Time, 909.23 Time to prepare for, 909.20 Vagrants, 856.03 Verdict See: Verdict View by jury

Court may direct, 918.05 Presence of defendant, 918.05

Trial de novo Affidavit or complaints, new or amended,

932.56 Appeals from justices' courts, 932.53

Supersedeas, 932.54 Time for taking, 932.53

Manner of trial, 932.56 Return of proceedings, 932.55

Trial, time, place, etc., DR 10, 11 Value, indictment for larceny of testamentary

instrument, allegations, 811.'04 Variance

Allegations in indictment and information, generally, 906.25

Embezzlement, proof, 906.20 Intent to defraud, 906.18

Vehicles, venue, offense committed on public or private vehicles, 910.07

Venue See also : Jurisdiction: VENUE, Ch. 46 Accessory after the fact, 932.12 Accessory before the fact, 932.13 Accessory in one county, offense committed in

another county, 910.04 Aircraft; offense in or against, 910.02 Change

See also: Removal of cause Application, 911.03 Cost; county payable, 142.16 Court where moved to, duties, 911.10 Defendant in custody, 911.06 Disqualification of judge, 38.11 Fines and forfeitures, county payable, 142.18 Hearing of application by court, 911.05 Order of removal, 911.07 Prosecuting attorney, county removed to,

911.10 Removal by court, 911.05 Service of copy of application, 911.04 Several defendants, 911.09 Substitution of judges, 38.11 Witnesses, 911.08

Constitution, DR 11 Counties

Accessory in another county, 910.04 Conviction or acquittal in one county bar to

prosecution in another, 910.11 Injury in one county, death in another, 910.09 Offense committed partly in different coun

ties, 910.05 Person in one county commits offense in an

other, 910.06 Stolen property brought into another county,

910.10 Dueling

Acquittal or conviction in another county or state, 932.10

Appointment made in Florida, duel in ananother state, 932.08

Seconds to duelist, 932.09 False statements; obtaining property, 817.04

c INDEX 3100

CRIMINAL PROCEDURE (Cont.) Venue (Cont.)

Financial statement, false, with intent to de-fraud, 817.04

Firearms; discharging on train or boat, 790.21 Kidnapping, 932.14 Navigable water, commission on, 932.11 Place of trial, generally, 910.03 Railroad train; offense committed on, 910.07 State

Commenced in state, consummated elsewhere, 932.07

Consummated in state, committed elsewhere, 910.01

Stolen property brought into another county, 910.10

Transfer of causes, circuit court to criminal courts of record, 53.13

Vehicles, offense committed on, 910.07 Vessel, offense committed on, 910.08 Warrant; issuance when offense triable in an

other county, 901.08 Verdict

See also: VERDICTS Acquittal, directed, 919.01 Ambiguous, reconsideration, 919.18 Attempt, conviction, 919.16 Concurrence of all jurors, 919.09 Defective verdict, reconsideration, 919.18 Degree of offense, determination, 919.14 Different offenses charged, verdict of guilty,

919.15 Directed verdict for defendant, 918.08 Disposition of defendant, verdict of guilty

919.20 Forms may be given jury, 919.04 Guilty where different offenses charged in in-

dictment, etc., 919.15 Harmless error, 919.22 Included offense; conviction, 919.16 Indictment, more than one count, 919.15 Informal or defective, judgment, 921.03 Insanity, acquittal for cause of, 919.11 Irregularity, 919.22 Joint defendants, 919.17 Justice of peace and county judge's court,

rendition, 937.09 Lesser offense, 919.16 Manner of declaring verdict, 919.09 Polling the jury, 919.10 Presence of defendant at rendition, 914.01 Receiving and recording, 919.09 Recommendation to mercy, 919.23 Recording; irregularity, 919.22 Return and declaring, 919.09 Sealed verdict

Admonition to jurors, 919.13 Proceedings, 919.12

Sunday and holidays, 919.19 Time of rendition, 919.19 Unanimous; verdict must be, 919.09

Vessel. offense committed on Discharging gun, 790.20 Sheriff, duty, 790.21

Waiver Jury trial, 37.24, 912.01 Preliminary examination, 902.0:2

Warrants Amendment, 901.05 Arrest with

Duty of officer after arrest, 901.06 Manner or method of arrest, 901.16

Arrests without, 901.15 Agents of society for prevention of cruelty,

822.03

CRIMINAL PROCEDURE (Cont.) Warrants (Cont.)

Arrests without (Cont.) Concealed weapons, 790.02 Cruelty to animals or children, 828.03, 828.17 Discharging firearms on passenger train or

boat, 790.21 Duty of officer after arrest, 901.23 Escaped persons, 901.22 Grounds, 901.15 Method of arrest, 901.17 Rescued persons, 901.22 Trespass on Sunday, 821.32 •

Authority to issue, 901.01 Death warrant

Court may issue, 922.13, 922.14 Issuing, generally, 922.09 Return of warrant, 922.12, 922.15

Defectiveness; procedure in case of, 901.05 Direction, 901.04 Execution, 901.04 Form and contents, 901.03 Informality, effect, 901.05 Insolvent persons applying for, prepayment of

costs, 939.16 Issuance

Generally, 901.02 Offense triable in another county, 901.08

Sentence, issuance of warrant for defendant, 921.06

Summons in lieu of warrant Contempt of court, failure to appear, 901.11 Corporations, 901.12, 901.13 Failure to appear, procedure, 901.11, 901.14 Issuance of warrant upon failure to appear,

901.11 Service, 901.10, 901.13

Weapons Forfeiture upon conviction, 790.08 Taking, from person arrested, 790.07

Witnesses See also: WITNESSES Absence

Ground for continuance, 916.05 Speedy trial, effect, 915.01

Accused as witness, 918.09 Adverse, DR 11 Approvers, 932.32 Bond to appear, trial de novo on appeal, 932.55 Change of venue, duty of witnesses, 911.08 Commitment for not entering into recogni-

zance, form, 923.10 Compelling accused to be, DR 12 Compensation

Amount of pay and mileage, 932.33 Insolvency or discharge of defendant, 939.07 Justice of peace and county judges' courts,

932.35 Testifying in two or more cases, 932.34

Competency, 932.31 Compulsory process for, DR 11 Cross examination at preliminary examination,

902.08 Defendant

Compelling to testify against self, DR 12 List of state witnesses, 906.29 Testify against self, DR 12 Testify in his own behalf, 918.1>9

Discharge, attendance until, 932.28 Evidence See: Evidence Expert

Appointment of expert witnesses, 917.02 Examination of defendant's mental condi

tion, 917.01 Fees for expert witnesses, 917.03 Felony prosecutions, generally, 932.30

3101 INDEX c

CRIMINAL PROCEDURE (Cont.) Witnesse5 (Cont.)

Failure to give security, 902.17 Fees

Courts of criminal jurisdiction, 932.33 Enforcement officers, 902.19 Expert witnesses, 917.03 Justice of peace and county judges' courts,

932.35 Preliminary examination of defendant,

902.19 Testifying in two or more cases, 932.34

Further security required, 902.16 Grand jurors may not testify at trial, 905.25 Immunity from prosecution, 932.29 Incriminating testimony, 932.29 Insolvent defendants, witnesses for, 932.36,

932.37 Jurors, trial of challenges, 913.07 Justice of peace, number of witnesses, 932.27 List of witnesses before grand jury, return,

932.18 Mental condition of defendant, proceedings to

determine, 917.01, 917.02 Names furnished defendant, 906.29 Number

State's witnesses in justices' courts, 932.27 Treason, required to convict, 932.50

Opinion evidence, 932.30 Perjury, commitment and recognizance, 932.41 Praecipe for subpoenas, 932.26 Preliminary examination

Defendant may testify; warning, 902.09 Defendant's right to examine, 902.09 Deposition of defendant, 902.12 Examination, presence of defendant, 902.08 Exclusion and separation, rule, 902.10 Recognizance to meet grand jury, 932.40 Summoning; state or defendant, 902.07 Testimony reduced to writing, 902.11

Recognizance Appear at trial, 902.15 Failure to give security, 902.17 Further security, 902.16

Removal of cause, duty of witness, 911.08 Self incrimination, insurance laws1 635.08 Statement as to date of meeting ot grand jury,

932.40 Subpoenas

Insolvent defendants, 932.36, 932.37 Issuance by state attorney, 932.17 Names of all included in one subpoena,

932.26 Run throughout state, 932.25

Summons in lieu of warrant, transmission to clerk of court, 902.18

Swearing before grand jury, 905.22 Treason, number required to convict, 932.50 Treason, prosecution, DR 23

Writs of error See: Appeal Written instruments, description in indictment

or information, 906.10 WriUen mailer

Description in indictment or information, 906.10

Judgments, reference to, in indictment or information, 906.11

CRIMINAL STATUTE Repeal or amendment as affecting prosecution

or punishment of previous crimes, A3 S32 CRIMINALS

Record, 28.26, 28.27 CRIPPLED CHILD

Defined, 391.01

CRIPPLED CHILDREN'S COMMISSION See: FLORIDA CRIPPLED CHILDREN'S COM·

MISSION. Ch. 391 CRIPPLED PERSONS

Exhibition, 867.01 Tax exemption, A9 S9

CROCKERY Manufacturers, tax exemption, A9 S12

CROPS Burning, 806.08 Liens

Factors, merchants, etc., 85.22 Labor, 85.10 Landlord advances, 83.10 Landlord rent, 83.08 Mortgages See: CHATTEL MORTGAGES.

Ch. 698 Protection; appropriation, 125.30

CROSS BURNING Definitions, 876.11 Penalty, 876.21 Unlawful

In public, 876.17 On property of another, 876.18 Penalty, 876.21

CROSS COUNTRY RACES Promoting, conducting, etc., 785.04

CROSS EXAMINATION See: WITNESSES

CROSSINGS See: RAILROADS AND COMMON CARRIERS

CRUDE TURPENTINE GUM Agricultural product, 1.01

CRUEL AND INHUMAN TREATMENT OF CONVICTS Corporal punishment prohibited, 952.05 Flogging prohibited, 951.07 Order and punishment, 954.29 Penalty, 952.14

CRUEL OR UNUSUAL PUNISHMENT PRO· HIBITED. DR 8

CRUELTY Animals See: ANIMALS AND ANIMAL IM·

DUSTRY Children, 450.151, 828.01 , 828.02 Definition, 828.02 Divorce; ground, 65.04 Societies for prevention of cruelty io cbUdreD

and animals Agents

Appointment, 828.02 Duties, 828.01

Definitions, 828.02 Duties of sheriffs, constables, etc., 828.01 Killing useless animals, 828.05

CRUSTACEA See: SALT WATER FISIHERIES; CONSERVA

TION. STATE BOARD OF CULPABLE NEGLIGENCE

Penalty, 784.05 CULTIVATION

Adverse possession; element, 95.17, 95.19 Liens, 85.04, 85.10

CULVERTS Destroying or injuring, 822.08

CURATORS See also : PROBATE LAW. Chs. 731-734 Assets, depositories for, 69.15 Incompetence ; appointment, 747.05

c INDEX 3102

CURLEWS See: GAME AND FRESH WATER FISH

CURRENCY Bringing private bills similar to bank bills into

state, 831.25 Circulating substitutes, 831.26 Damaging bank bills, 831.26 Impeding circulation, 831.23 Issuing notes, etc., to be circulated as, 831.27 Issuing shop bills similar to bank notes, 831.24 Offenses against

Advertisement in similitude, 831.24 Bank bills or notes, damaging, 831.22

CURRENCY (Cont.) Offenses against (Cont.)

Bringing private bills similar to bank billa into state, 831.25

Circulating substitutes, 831.26 Impeding circulation, 831.23 Notes, etc.; issuing as, 831.27

CURRENT EXPENSES. State, appropriation for, A3 S30

CUSTODIAN OF CAPITOL Secretary of state as, A4 S21

CUSTOMS Landlord and tenant, interest, as affecting, 83.06

D DADE COUNTY

Boundaries, 7.13 Circuit court terms, 26.32 Commissioners

Compensation, AS S11 Elec.tio~; terms of office, AB S11 Redistnct county; five districts· boundaries,

A8S11 ' Congressional district, fourth, 8.01 Fire control See: COUNTIES; EVERGLADES

FIRE CONTROL DISTRICT. Ch. 379 Inter-American center authority· principal of-

fice in, 554.05 ' Judicial circuit, 26.12 Juvenil2 court; jurisdiction, 39.02

_ Representatives in legislature; number, 10.03 Royal palm state park

Additional lands ceded, 258.12 Land ceded for, 258.11 Taxation; exemption, 258.14

Senatorial district, 10.01 Tidal lands; title, 253.12

DADE MEMORIAL PARK Appropriation, 258.06 Commission

Appointment, 258.01 Compensation, 258.01 Creation, 258.01 Duties and powers, 258.02 Estimates of expenditures 258.06 Expenses, 258.01 ' Improvement of park site, 258.02 Leases by, 258.04 Powers, 258.01 Prep~ration and sale of literature, 258.03 Receipts and. disbursements; statement, 258.06 Terms of office, 258.01

Lease, 258.04 Lit~rature dealing with, 258.03 Mamtenance and improvement· appropriation,

258.07 , Site; improvement, 258.02 United States; transfer to, 258.05

DAHOON Preservation, 865.06

DAIRY DIVISION-FROZEN DESSERTS See: MILK AND MILK PRODUCTS

DAMAGES See also: ACTIONS Abs.tracts of title; refusal to make, 703.18 Actwns for wrongful death see: NEGLIGENCE Assessment; injunctions, 64.16 Assessment upon; default· proof of 50 111 Blacklisting discharged e~ployees, 3si.2o, 351.21 Boat.s;. remedy for damages by, 76.32 Certi~Icates of health, admissibility as evidence,

actions agamst hotels, etc., 92.21 Combi~a!ion against Flori<;la meats, 544.05 Commission merchants, account sales; failure to

make return, 522.03 Contracts limiting liability

Corporation having relief departments, 768.08 Fe~low servant r~le; employees affected, 769.06 Railroad compames, 768.07

Cruelty to animals of another, 828.18

3103

DAMAGES (Cont.) Death caused by negligence

Limitation of action, 768.04 Minor child; parties in action for death, 768.03 Parties; damages; proviso, 768.02

Defamatory statements by radio or television broadcasting stations; liability, 770.04

Default; assessment upon Constructive service, upon, 50.12 Personal service, upon, 50.11 Proof of damages, 50.111

Defense councils; immunity, 252.18 Dogs; owners liable for injuries by, 767.01, 767.04 Double

Killing livestock, 356.04 Lumber brands, fraudulently using, 706.05 Obstructing state drains, 298.66 Officer failing to perform duty, 86.15 Open pits and holes; leaving, 768.11 Steamboats and barges failing to deliver

freight in dry places, 352.32 Drainage by counties

Assessment by viewers, 156.06 Collection, 156.15

Drains, obstructing, 298.66 Easement; use, 704.01 Employees; injuries to, 768.07, 768.08, 769.03,

769.05 Express companies

Claims against, 359.01 Construction of law applicable, 359.02

Fertilizers; defrauding purchaser, 576.08, 576 083 576.084 . '

Forcible entry and unlawful detainer Evidence, 82.14 Jury assessment by, 82.12 Questions involved, 82.05 Verdict, 82.16

Forest fire, liability of setter, 590.26 Husband not liable for wife's torts, 741.23 Infringement of trade-marks, 506.09 Injunctions, dissolution; assessment in same

suit, 64.16 Insured J?roperty; total loss, 631.05 Jurisdiction of justice of peace, 37.01 Justice of peace; failure to deliver books, etc., to

successor, 81.31 Liability in connection with care of diseased

animals, 585.17 Libel; retrac;tion; measure of damages, 770.02 Loss of service of child, 768.03 Lumber mark or brand; fraudulently using,

706.05 Marketing contracts; breach, 619.07 Mental suffering, 768.03 Money judgment, 55.01 Motor · vehicles. negligent operation

Intoxicated persons, 860.01 Persons other than owner, 51.12

Obstructing state drains, 298.66 Pits and holes; leaving open, 768.11 Proof of; default; final judgment 50.111 Publ~c pri;D~i;Dg; false ~tatement ~f bidder, 283.09 Pubhc utilities not liable for complying with

anti-bookmaking law, 364.31 Railroads and common carriers

Appeal for delay, 350.34 Comparative negligence, 768.06 769.03 Contributory negligence, 768.06' 769.03 Discrimination, 350.32, 350.33 '

D INDEX 3104

DAMAGES (Cont.) Railroads and common carriers (Cont.)

Freight Deliver, failure to, 351.09 Deliver or receive, failure because of par

ticular routing; penalty, 351.17 Limitations of actions, 353.06 Loss

Attorney's fees for failure to pay, 353.03 Connecting lines; election to sue, 353.04 Construction of chapter, 353.05 Punitive damages for failure to pay, 353.02

Non-delivery in accordance with contract, 352.26

Injury by negligence Assumption of risk; abrogation 769.04 Comparative negligence, 768.06 ' Employees; liability to, 768.07 Fellow servants; effect as to liability, 769.02 Fellow servants; negligence, 769.03 Hazardous occupation, 769.01 Liability; invalidity, contracts limiting,

769.06 Presumptions, 768.05 Railroad crossing accidents, 320.45

Replevin Judgment for defendant when goods rede-

livered to him, 78.20 · Judgment for plaintiff when goods not de

livered to defendant, 78.18 Right in, 78.01

Seeds; action for failure of guarantee, 578.26 Telegraph companies

Errors in transmission or delivery of message 363.06 •

Failure to promptly transmit and deliver message, 363.02, 363.06.

Refusal to receive message Assessment, 363.07 Attorney's fees, 363.05 Contracts limiting liability, 363.10 Evidence; burden of proof, 363.04 Liability, 363.04 Measure of damages, 363.02, 363.06 Negligence; presumption, 363.03

· Trial of right of property Execution of judgment, 55.43 Judgment, 55.42 When had for delay, 55.41

·Workmen's compensation; exclusive remedy, 440.11

Wrongful death Limitation of action, 768.04 Parties; damages; proviso, 768.02 Parties in action for death of child, 768.03 Right of action due to negligence, 768.01

DAMS Eminent domain, 361.02 Injuring, 822.06, 861.03 I:qjury to mill by erecting, 822.07 Licenses, 347.01, 347.02 Obstructing water course, 861.02

DANCING Children, employment of; penalty, 450.151

DANGEROUS OCCUPATIONS Children, employment of, 450.061

DATE Executions, 55.17

DAVIS' BIRTHDAY Legal holiday, 683.01, 683.02

DAYS Election, . 100.031

DAYS (Cont.) Hours of labor per day

Children, 450.081 Generally, 448.01

Jurors ; per diem; computation, 40.24 Legal day's work, 448.01 Time, execution of search warrant, 933.10

DAYS OF GRACE Negotiable instruments, 675.03

DEAD BODIES See also: ANATOMICAL BOARD, Ch. 245;

CORONERS, Ch. 936 Autopsies; state attorney and county solicitor

may order, 932.57 Creii?-ati:qg human bodies; limitations, 872.03 Dealmg m, 872.01 Disinterment, subject supervision funeral di-

rector, 470.26 Removal See: VITAL STATISTICS Sale o_r shipment outside state; penalties, 245.16 Teachmg purposes; use for, 470.18 Unclaimed; use for medical education or re

search authorized, 125.44 DEADLY WEAPONS

See: WEAPONS AND FIREARMS DEAF PERSONS

Asylum employees; exemption from jury duty, 40.08

List of deaf school children, furnishing annually 23~13 •

Motor vehicle driver's license, 322.05 School for

Admission Procedure, 242.35 Qualifications, 242.35

Appropriations Buildings and improvements, 282.01(2)/3/ Federal funds, disbursement, 239.04 General, 282.01(1) / 15/

Clothing, furnishing to students, 242.38 Control and management, 242.33 Disbursements, 240.10 Dismissal from, 242.34 Eminent domain, 240.13, 240.14 Federal funds appropriated to, disbursement,

239.04 Higher education: funds for, 239.03 Jurisdiction and powers of board of control,

240.04 Medical care for students, 242.38 Pay students, 242.37 Persons entitled to education and mainte

nance, 242.34 President, salary, 242.40 Property

Game and fish on, molesting, 821.28 Injuring, 821.25 Natural products, removal from, 821.26,

821.28 Title, 242.33

Reports to state board of education, 242.39 Teachers, 242.39 · Transportation of students, 242.36

State support of institutions for, A13 S1 DEALERS

See: Specific heads under LICENSES ANlO LICENSE TAXES

Agricultural and horticultural products consignment ~ealers re_gulated, violation, 604:15, 604.30

Ice, cham store license tax; exemption, 204.01 Motor vehicles, second hand See: MOTOR

VEHICLES · Sales tax See: SALES TAX, Ch. 212 Seeds See: SEEDS

3105 INDEX D

DEATH See also: HOMICIDE. Ch. 782; VITAL STA

TISTICS, Ch. 382 Abatement and revival of actions; habeas eorpus;

noncompliance with writ, 79.05 Absentee; administration of estate See:

PROBATE LAW Actions for causing

Limitations, 95.11, 768.04 Minor child, 768.03, 768.04 Persons entitled to sue, 768.02 Right, 768.01 Survival, 768.02

Actions, survival, 45.11 Analysis and cause, state board of health, 381.60 Armed forces; presumption, 92.30 Assaults to commit felony punishable with

death; penalty, 784.06 Banks and trust companies; accounts payable to

cestui que trust, 659.30 Basis for compensation, 440.02 · Boarding trains in motion; caused by, 860.06 Child

Damages recoverable, 768.03 Limitation of action, 768.04 Right of action, 768.03

Codefendant; abatement, 45.14 Constable; proceedings after, 37.19 Copartner; abatement, 45.15 Coplaintiff; abatement, 45.14 Crimes punishable by death

Felonies, 775.08 Limitation of prosecutions, 932.05

Definition, 440.02 Drainage district proceeding; party to, 298.05 Drawee of negotiable instrument; effect as to

presentment, 676.14 Drawer of order on bank; payment of order,

659.39 Estrays; liability, 707.12 Funeral allowance, firemen's pension and relief

fund, 175.18 Jurisdiction dependent on place; prosecution for

dueling, 932.08 Justice of peace

Appeal, etc., 81.29 Transfer to successor by personal representa-

tive, 81.31 \ Motor vehicles

Accidents involving death, 317.07 Coroner; reports, 317.16 Fines and penalties, 317.07

Notice of workmen's compensation, 440.18 Parties See: PARTIES. Ch. 45 Penalty for rape, 794.01 Presumption, 734.32 Presumption of order, 731.26 Public officer; vacancy in office, 114.01 Rape; penalty, 794.01 Referee; effect, 56.03 Sentence See: CRIMINAL PROCEDURE Sheriff; proceedings, 30.13 Sole defendant; abatement, 45 .!3 Sole plaintiff, 45.12 State board of health, analysis and cause of

death, 381.60 Stillborn child; registration, 382.07 Survival of actions, 45.11, 768.02 Telegrams re, 363.08 Uniform simultaneous death law, 736.05 Warrant

Issuance by governor, 922.09 Return, 922.12

Wife of minor; effect, 743.02 Workmen's compensation See: WORKMEN'S

COMPENSATION, Ch. 440

DEATH OF PARTIES See: PARTIES, Ch. 45

DEATH WARRANT Issuance by governor, 922.09 Return, 922.12

DEBATING SOCIETIES Incorporation, 617.01

DEBENTURES Corporations; issuance, 608.41 Excise taxes See: TAXATION Housing authorities See: HOUSING AU-

THORITIES. Ch. 421 DEBRIS

Mines, from See: MINES AND MINERALS DEBT

Antenuptial; liability of husband, 708.05 Banks, limited, 659.23 Decedent's estate See: Executors and admin

istrators under PROBATE LAW Homestead, A10 S1-3 Husband; liability of wife's property, All S1,

708.02 Imprisonment, DR 16, 55.14 Married women's property, All S1, 2, 708.02,

708.05 Merged cities and counties; adjustment of, AS

S9, 10 Money judgment, 55.01 Municipalities, A8 S8 New counties, apportionment, A8 S3 Plea in denial of debt; form, 52.17 Promise to pay debt of another, 725.01 Recovery of penalty for issuing certain marriage

licenses, 741.13 Recovery of penalty for performing certain mar-

riage ceremonies, 741.15 State, provision for, A9 S2 Unmatured; attachment; effects, 76.06 . Wife; liability of husband for antenuptial debts,

708.05 DEBTOR AND CREDITOR

Assignments See : ASSIGNMENTS FOR BENEFIT OF CREDITORS. Ch. 727

Attachments See: ATTACHMENT. Ch. 76 Banks; n;medies of creditors suspended during

possessiOn by comptroller, 661.15 Corporate stock; transfer as against creditors,

608.55 Decedent's estate; claims by and against See:

PROBATE LAW. Ch. 731-736 Exemptions See: EXEMPTIONS: HOMESTEAD Fraudulent conveyances See: FRAUDULENT

CONVEYANCES, Ch. 726 Garnishment See : GARNISHMENT. Ch. 77 Liens See: LIENS Mortgages See: CHATTEL MORTGAGES. Ch.

698; MORTGAGES Municipalities, abolishment, protection of

creditor, A8 S8 Parties, unknown; process; service by publica-

tion, 48.02 Process; service by publication, residents, 48.01 Record of conveyance; necessity, 695.01 Warehouse receipts; remedies of creditors

against, 678.26 DECEDENTS' ESTATES

See also: COUNTY JUDGE-COUNTY JUDGES' COURT: EXECUTORS AND ADMINISTRA· TORS: INHERITANCE AND ESTATE TAXES, Ch. 198; PROBATE LAW: Descent and dis· tribution under PROBATE LAW

Inheritance tax limited, A9 Sll Jurisdiction, A5 S17

D INDEX 3106

DECEDENTS' ESTATES (Cont.) Sale of real estate of, jurisdiction to order, A5

S17 Settlement, county judge's jurisdiction, A5 S17 Special or local laws, A3 S20 Tax on, restricted, A9 Sll

DECEIT See: FRAUD. Ch. 817

DECISIONS See: SUPREME COURT. Ch. 25

DECLARATION Negligence; automobile operation, 51.12

DECLARATION OF TAKING Eminent domain See: EMINENT DOMAIN Pleadings See: PLEADINGS

DECLARATIONS OF TRUST See: TRUSTS

DECLARATORY DECREES Appeals, 87.06 Construction of law, 87.11 Costs, 87.09 Definition, person, 87.13 Jurisdiction, 87.01 Jury trials, 87.08 Not precluded by other adequate remedies, 87.12 Order construed, 87.13 Parties, 87.04, 87.10, 737.17 Person defined, 87.13 Petition to construe; who entitled to, etc., 87.02 Scope of law, 87.01, 87.05 Supplemental relief, 87.07

DECREE PRO CONFESSO See: PROCESS

DECREES See: CHANCERY; JUDGMENTS

DEDICATION Cities and towns, corporations, maps and plats,

177.06 Park purposes, municipalities, 95.36 Plats of city or town lots, etc., 177.06 Recreation centers and playgrounds, 418.02 Trustees, by, 691.03

DEEDS See also: COMMISSIONER OF DEEDS, Ch. 118;

CONVEYANCES Admissibility when validity successfully at

tacked, 92.09 County deeds

Form, 194.55, 194.56 Grantee entitled to immediate possession, pro

cedure for compelling, 194.54 Setting aside, lien for improvements and taxes,

196.07 Title from new and original source, 194.53

County lands; forms, effect, 125.41 Evidence, prima facie, A16 S21 Excise taxes See: TAXATION: also specific

heads . Executors and administrators; power to execute,

733.40 Guardians; power to execute, 745.15 Homesteads, A10 S1, 4 Housing authorities, creation of regional au

thority by counties, 421.28 Larceny

Grand, 811.01 Petit, 811.02

Limitations, recorded 10 years, 95.26 Married women's property, All S1, 2 Quit claim, grantee as bona fide purchaser with.

out notice, 695.01

DEEDS (Cont.) Record

Generally, 28.22 Ten years or more admissible in evidence;

effect, etc., 95.26 Twenty years or more; admissibility in evi

dence of recitals contained, 92.08 Recording, prima facie evidence of execution,

A16 S21 Special or local laws; validation, A3 S20 Tax deeds See: TAXATION

Grantee entitled to immediate possession; procedure to compel, 194.54

Setting aside; lien for improvements and taxes, 196.07

Trust See : TRUST DEEDS Void as to adverse possessor, 689.09

DEER See : GAME AND FRESH WATER FISH. Ch.

372 DEFACEMENT

See: MALICIOUS MISCHIEF AND INJURY TO PROPERTY. Ch. 822

DEFAMATION OF CHARACTER See : LIBEL AND SLANDER. Ch. 836

DEFAULT DOCKET Clerk of circuit court to keep, 28.21

DEFAULTERS See also: EMBEZZLEMENT. Ch. 812 Compromise with, 27.12, 27.13 Comptroller's report, 17.18, 215.04 Proceedings against

Comptroller Accounts certified by, 215.05 Use as evidence, 215.06

Official bond; conviction no defense to action on, 215.13

Preferences of state in case of insolvency, 215.07

Tax collectors Forfeiture of commissions, 215.09 State attorneys; to be reported to, 215.08 Suspension, 215.10

DEFAULTS See: Default under JUDGMENTS; also Specific

subjects

DEFECTS OF FORM Arrest of judgment, 54.26 Indictments, 906.25

DEFENDANTS See al~o: Defendants under CRIMINAL PRO

CEDURE Appeals; insolvent defendant see: CRIMINAL

PROCEDURE Arrest generally See: ARREST, Ch. 901 Bail See: BAIL. Ch. 903 Ejectment

Answer, 70.03 Declaration, copy of, delivered to, 70.02

Insolvency, A16 S9, 17.24 Judgment and sentence See: Judgment and

sentence under CRIMINAL PROCEDURE, Ch. 921

Parties See: PARTIES Pleas of guilty See: Pleas under CRIMINAL

PROCEDURE. Ch. 909 Process, service by publication See: PROCESS Removing from county; service upon, 47.14 Residing in different counties, 46.02

3107 INDEX D

DEFENSE COUNCIL See: CIVIL DEFENSE

DEFENSE OF LIFE Liberty and property, right inalienable, DR 1 Right to bear arms, DR 20

DEFICIENCY APPROPRIATION General, 282.01(1) / 67 /

DEFICIENCY DECREE Foreclosure of mortgages, 702.06 Mechanic's lien proceedings, 84.29

DEFORMED PERSONS OR ANIMALS Exhibition prohibited, 867.01, 867.02

DELEGATES See: ELECTION CODE

DELINQUENT CHILDREN See: INFANTS: JUVENILE COURT. Ch. 39;

WELFARE. Ch. 409

DELINQUENT OBLIGATIONS See: COUNTIES; COUNTY BONDS, Ch. 130;

STATE TREASURER, Ch. 18

DELINQUENT OFFICERS Proceedings against

Comptroller Accounts certified by

Duty, 215.05 Use as evidence, 215.06

Report by, 215.04, 215.11 Duty of clerks, 215.12 Official bond; conviction no defense to action

on, 215.13 Preference of state in case of insolvency, 215.07

Tax collectors Forfeiture of commissions, 215.09 State attorneys, to be reported to, 215.08 Suspension, 215.10

DELINQUENT TAXES See: Specific heads, also : TAXATION Adjustment boards See: TAXATION Cancellation on land used for certain purposes

by county commissioners, 192.59

DELINQUENT TENANTS Jurisdiction of county judge in proceedings

against, 36.01

DELIVERY Conveyances

Real estate, 689.01 Trust estate, of, 689.06

Definition, 678.54 Goods to warehouse See: WAREHOUSE RE·

CEIPTS. Ch. 678 Negotiable instruments See: NEGOTIABLE

INSTRUMENTS, Ch. 674-676 Telegrams; failure of prompt

Assessing damages, 363.07 Cipher messages, 363.08 Liability, 363.02 Presumption of negligence, 363.03 Recovery; burden of proof, 363.06

Warehouse receipts, 678.39, 678.45

DEMURRERS Appeal and error, 59.06 Chancery See: CHANCERY Disbarment of attorney; motion, 4fi4 .25

DENTISTS Accusations against, 466.26 Advertisements

By unlicensed person, 466.35 Whm permitted, 466.25

Aiding dental hygienists in unlawful practice; revocation of license, 466.40

Anaesthetics; administration, 466.22 Applicants; examination; how conducted, 466.14 Application for license

Contents, 466.13 Form, 466.13 Oath, 466.13

Assumed name, practicing under, 466.36 Certificates, recording, 466.15 Change of address; notice· to board, 466.19 Construction of act relating to, 466.01 Death certificates; signing, 466.23 Definition under uniform narcotic drug law,

398.02 Dental hygienists

Annual registration, 466.39 Employment, 466.38 Examination, 466.37 License

Display, 466.37 Fees, 466.37 Recorded with circuit court clerk, 466.39

Penalties for violating dental law, 466.42 Powers, 466.38 Qualification, 466.37 Renewal of license, annual, 466.39 Revocation of license, 466.38

Grounds, 466.40 Hearing, 466.40

Violation of law regulating, 466.42 Duplicate license or renewal certificate, 466.19 Employment of unlicensed persons

Record to be kept; penalty for failure, 466.34 Requirements, 466.34

Evidence, records of state board as, 466.28 Examination fee, 466.20 Examination of applicants; subjects covered,

466.14 Exemption from operation of law, 466.03 Failure to renew license; examination, 466.18 False personation, 466.30, 466.31 Florida state dental society

Recommendations to governor, 466.06 Reports to state board of dental examiners,

466.32 Forging certificate or license; penalty, 466.30 Injunction against unlawful practice, application

for; hearing, 466.29 Internes, 466.41 Jury duty; exemption, 466.21 Lessor of dental equipment, 466.05 License

Defined, 466.09 Display, 466.16 Duplicate, 466.19 Loss, 466.19 Prima facie evidence, as, 455.05 Requirement, 466.02

Narcotic act; definition, 398.02 National association of dental examiners, attend-

ance at session, 466.32 Practicing dentistry; what constitutes, 466.04 Proprietor, dental parlor, 466.05 Purpose of act relatin~ to, 466.01 Q,ll.alifications to practice, 466.02 Records of employment of unlicensed per~nns ,

inspection by board, 466.34

D INDEX 3108

DENTISTS (Cont.) Registration

Certificate Annual, 466.14 Cancellation, 466.17 Display, 466.16 Recording, 466.14, 466.15

Dental hygienists, 466.39 Examination fee, 466.20 P rerequisite t o practice, 466.02

Renewal certificates Application, 466.17 Definition, 466.09 Duplicate, 466.19 Fees, 466.17 Loss, 466.19

Revocation of license or certificates Board; revocation by, 466.17 Dental hygienists; offenses concerning, 466.38 Grounds, 466.24 Notice to clerk of circuit court, 466.27 Procedure, 466.24 . .

Sale of diploma, license or renewal certificate; penalty, 466.31

Siaie board of denial examiners See also: MINOR REGULATORY BOARDS Administering oaths, 466.11 Appointment, 466.06 Appropriations, 282.01(1) / 40H/ Assist prosecuting officers, 466.33 As sis tan t secretary-treasurer

Appointment and duties, 466.12 Expenses, 466.20

Attendance on meetings of national association, 466.32

Compensation, 466.20 Continuation, members, etc., 466.06 Dental hygienists

Examinations, 466.37 Revocation of license, 466.38

Duplicate license or renewal certificate; issu-ance, 466.19

Duties, 466.08 Establishment, 466.06 Evidence, records as, 466.28 Expenses, 466.20, 466.33 Funds, disposition, 466.20 Internes, 466.41 Meetings; 466.08 Membership, 466.06 National association dues and expenses, pay-

m ent, 466.32 Notices of nonrenewal of license, 466.18 Officers; election, 466.08 Organization, 466.08 Powers and duties, 466.08, 466.11, 466.13 Prosecutions of violators of law, 466.33 Qualifications, 466.07 Quorum, 466.10 Records, 466.28 Reports, 466.32 . . . Revocation of license or certificate, 466.24 Revocation or suspension of license, 466.17 Rules, 466.08 Seal, 466.08 Secretary-treasurer

Assistant; duties, 466.12 Bond, 466.32 Compensation, 466.20 Election, 466.08 Records, licenses, 466.28

Subpoenas Issuance, etc., 466.11 Willful neglect or refusal to obey, 466.11

Terms of office, 466.06

DENTISTS (Cont.) State board of health, one member a dentist,

381.01 Surgical operations, 466.22 Unlawful practice

Employment of unlicensed, 466.35 Injunction against, 466.29

Use of services of unlicensed persons, 466.35 Using diploma or certificate of another; penalty,

466.30 Violation of laws regulating, 466.11, 466.30, 466.31,

466.36, 466.42 DEPARTMENT OF AGRICULTURE

See: COMMISSIONER OF AGRICULTURE DEPARTMENT OF EDUCATION

See: Slate board of education under SCHOOLS AND SCHOOL CODE

DEPARTMENT OF PUBLIC SAFETY See also: MOTOR VEHICLES Aircraft registration; duty of commissioners,

330.24 -Appropriations

Buildings and improvements, 282.01(2)!17/ General, 282.01(1)/49/

Attorney general, member of board, 321.01 Commercial driving schools, duties re, See:

COMMERCIAL DRIVING SCHOOLS Commissioner of agriculture, member of board,

321.01 Comptroller, member of board, 321.01 Construction of law, 322.42 Convictions under law

Forfeiture of bail equivalent, 322.25 Record ; forwarding to department, 322.25 What constitutes, 322.25

Creation, division, etc., 321.01 Definitions

Chauffeur, 322.01 Department, 322.01 Director, 322.01 Farm tractor, 322.01 License officers, 322.01 Motor vehicle, 322.01 Nonresident, 322.01 Operator, 322.01 Owner, 322.01 School bus, 322.01 Street or highway, 322.01 Supervisor, 322.01 . . Suspension, r evocatiOn and cancellatiOn. 322.01 Vehicle, 322.01

Director; motor vehicle accidents, report.<> to insurance commissioner, 324.04

Division of Florida highway patrol, 321.01 Division of state motor vehicle drivers' licenses,

321.01 Driver's commercial schools, duties re, See:

COMMERCIAL DRIVING SCHOOLS Drivers' licenses

Address of licensee; notice of change, 322.19 Administration of law, 322.02 Age requirements,. 322.05 . . · . Applications for licenses or mstructlon perm1t

Appeal to court on denial of application, 322.31

Contents, 322.08 Forms, preparation, 322.21 Minors, by, 322.09

Armed services Exemption of persons operating vehicles in

service of, 322.04 Renewal for certain persons in, 322.18

3109 INDEX D

DEPARTMENT OF PUBLIC SAFETY (Cont.) Drivers' licenses (Cont.)

Cancellation Appeal to court by licensee, 322.31 Authority, 322.22

Change of address of licensee; notice, 322.19 Common carriers; special restrictions, 322.06 Conviction, etc., 322.23-322.27 County judges, issuance, 322.21 Deaf perscns, 322.05 Definitions of terms used in law, 322.01 Drunkards, habitual, ineligible for license,

322.05 Duplicate licenses or instruction permits, 322.17 Employment of unlicensed chauffeurs, 322.37 Examination of applicants

Exemptions, 322.12 Generally, 322.12 Local examiners, 322.13 Reports and recommendations by examiners,

322.13 Exemptions, 322.04 Exhibition on demand, 322.15 Expiration date, 322.18 False swearing, 322.33 Fees, 322.14, 322.21 Forms and contents of licenses, 322.14 Implements of husbandry, exemption of opera-

tors or drivers, 322.04 Instruction permits

Contents, 322.08 Loss; issuance of duplicate, 322.17 Minors, by, 322.09 Rules governing issuance, 322.07

Issuance, 322.14 Licensee's signature required on license, 322.14 Loss of license or instruction permits, 322.17 Marine corps

Exemption of persons operating vehicles in service of, 322.04

Renewal for certain persons in, 322.18 Mentally incompetents, ineligible for license,

322.05 Minors, 322.05

Application, 322.09 Cancellation of licenses, 322.10 Permitting unauthorized minors to drive,

322.35 Refusal to grant, 322.05 Revocation of license, 322.11

Municipal drivers' licenses; prohibition against, 322.41

Name of licensee; notice of change, 322.19 Narc otic drug users ineligible for license,

322.05 Navy

Exemption of persons operating vehicles in service of, 322.04

Renewal for certain persons in, 322.18 Neglect or refusal to submit for re-examina

tion, grounds for suspension or revocation, 322.221

Nonresidents Exemption in certain cases, 322.04 Suspension or revocation of privileges,

322.23, 322.30 Notice of change of address or name of

licensee, 322.19 Operation of vehicle without license prohibited,

322.03 Penalty for unlawful use, 322.32 Permitting unauthorized person to drive,

322.36 Persons not entitled to licenses, 322.05, 322.06 Physically disabled persons, 322.05

DEPARTMENT OF PUBLIC SAFETY (Cont.) Drivers' licenses (Cont.)

Possession of license by licensee when operating motor vehicle, 322.15

Public carrier veh1cles; special restrictions, 322.06

Records to be kept by department of public safety, 322.20

Re-examination of certain persons for, 322.221 Renewal, 322.18 Renting motor vehicles to unlicensed persons,

322.38 P.equirements of licenses for operators or

chauffeurs, 322.03 Restoration of, filing fee for, 322.311 Restricted licenses; operation of motor vehicles

in violation, 322.16 Revocation or suspension

Causes, 322.26 Conviction of certain offenses as ground,

322.25 Courts, power, 322.25 Grounds for, 322.22, 322.221, 322.24, 322.26 Nonresidents' privileges

Operation during period of revocation or . suspension, 322.30

Report of conviction, 322.25 Suspension, 322.23

Notice to licensee, 322:27 Operation of motor vehicle during, 322.30 Refusal or neglect to submit for re-examina-

tion, 322.221 Residents' licenses

Appeal to court by licensee, 322.31 Authority of department of public safety,

322.22-322.27 Conviction of certain offenses as ground,

322.24, 322.26, 322.27 Foreign license; operation during revoca

tion or suspension of license, 322.30 Grounds, 322.22, 322.24, 322.26 Penalty for driving while license revoked

or suspended, 322.34 Period, 322.28 / Surrender and return of license, 322.29

Road machines, operators, exemption, 322.04 School bus drivers, special restrictions, 322.06 Special chauffeur's license, required in certain

cases, 322.06 Special restrictions on certain drivers, 322.06 Suspension or revocation, causes, 322.26 Temporary licenses, 322.07 Unlawful use of licenses; what constitutes,

322.32 Violation of law concerning, 322.39

Executive board Appeals to; by aggrieved members, 321.18 Creation, 321.01 Director of Florida highway patrol; employ

ment, etc., 321.02 Executive officer, 322.02 Motor vehicle commissioner as executive of

ficer, 322.02 Motor vehicle drivers' license law; administra-

tion, 322.02 Personnel, 321.01 Reports, 321.10 Rules and regulations

Adoption, 322.02 Civil service rules, highway patrol, 321.06 Powers, 321.02

Executive officer; motor vehicle commissioner as, 322.02

Florida highway patrol Antique automobiles; certificates of safety for

use on highways, 320.082

D INDEX 3110

DEPARTMENT OF PUBLIC SAFETY (Cont.) Florida highway patrol (Cont.)

._ . l

Arrest by; penalty for failure to appear by persons released without bond, 321.05

Authority, generally, 321.05 Bonds of certain employees and officers, 321.08 Cattle being transported, inspection of evi-

dence of ownership, 534.12 Certain laws exempted, 321.13 Civil service, 321.06 Clerical help, 321.02 Color of motor vehicles, used by, 321.03 Commander, 321.02 Compensation of officers and employees, 321.07 Construction of law, 321.14 Creation, 321.01 Director

Bond required, 321.08 Clerical help and mechanics; employment,

321.03 Duties

Employment, clerks and mechanics, 321.03 Functions and powers, 321.05 Generally, 321.02

Employment, 321.02 Patrol officers; employment, etc., 321.04 Political activities, 321.11 Records; photographing; destroying, 321.23

Discharge, suspension, reduction in rank or pay of officers, 321.06

Dismissal without recourse during probation-ary period, 321.04 .

Division of department of pubhc safety, 321.01 Emblems, 321.02, 321.03 Employees and officers, compensation, 321.07 Equipment and supplies, purchase, 321.02 Exemption, certain laws, 321.12 Falsely personating, 843.08 Fines and proceeds of forfeitures, disposition,

321.05 Funeral expenses, active or retired members,

321.21 Governor; report by board, 321.10 Honey bees inspec~ion law, enf~rcement, .5~4.06 Imitation of eqmpment colormg proh1b1ted,

321.03 Officers and employees

Compensation, 321.07 Retirement See: Pensions and Pension fund

Patrol officers Arrests, 321.05 Assistance to other law enforcement officers,

32L05 Bail bonds; acceptance, etc., 321.05 Bonds, 321.08

. Cattle being transported, inspection of evidence of ownership, 534.12

Discharge, suspension, etc., 321.04, 321.06, 321.11

Duties, functions and powers, 321.05 Employment, 321.04

- Funeral expenses, 321.21 Governor, assignment to, 321.04 Immunities of peace officers, 321.05 Number, 321.04 Political activities, 321.11 Prisoners, disposition of, 321.05 Probationary employment period, 321.04

. Rank, 321.04 Reduction in rank, 321.06 Road department chairman, assignment to,

321.04 Subsistence, 321.04 Surety bonds, 321.08 Uniforms, 321.02, 321.03 Weight inspectors; duties, 321.05

DEPARTMENT OF PUBLIC SAFETY (Cont.) Florida highway patrol (Cont.)

Personnel, 321.04 Political activity; penalty, 321.11 Probationary status of new patrol offic'ers,

321.04 Purchase of supplies and equipment, 321.02 Rank, 321.04 Resisting officer, 843.01, 843.02 Retirement system See: Pensions and pen

sion fund, this head Rules and regulations governing

Civil service rules, 321.06 Generally, 321.02

Salaries and expenses; fund from which paid, 321.09

Subsistence and travel allowance, 321.04 Summons; penalty for failure to appear by

persons released without bond, 321.05 Surety bonds of officers and employees, 321.08 Turnpike authority, state; regulations, to en

force, 340.23 Uniforms of officers, 321.02, 321.03 Vehicles; distinctive color, 321.03

Governor, member of board, 321.01 Highway patrol See: Florida Highway Patrol Location of office, 321.01 Motor vehicle safety law; administration; en

forcement, 317.94 Motor vehicles

Combustibles and explosives, transportation; flares and devices, specifications for, 317.66

Drivers' licenses See: Drivers' licenses Purchase, 116.19 Renting, record to be kept, 322.38

Office, 321.01 Officers, employees and property; retention,

322.40 Pensions and pension fund

Administration; comptroller's duties, 321.16 Age for retirement, 321.18 Appeals to executive board, by aggrieved

members, 321.18 Beneficiaries, designation of, 321.17 Contributions; amount; leave of absence;

leaving employment, 321.17 Contributions, members claiming prior service

credit, 321.19 Created, 321.15 Disability, total and partial, defined, 321.19 Investment of fund, 321.16 Pension plan, change; election, 321.20 Pensions exempt from process, 321.21 Physical examination prior to retirement,

321.19 Prior service as law enforcement officer, con

tributions, 321.19 Reduced benefits; surviving spouse to draw,

321.20 Reduced retirement pay; election to take,

321.20 Regulation and administration, 321.16 Requirement qualifications, 321.18 Retirement

Appropriation, 282.01(1)/51i/ Pay basis, 321.18, 321.20

Service computation for retirement, 321.19, _ 321.20

Surviving spouse; reduced retirement compensation, drawing, 321.20

Records Driver's licenses, 322.20 Photographing; use as evidence, 321.23

Retirement See: Pensions and pension fund

' 3111 INDEX D

DEPARTMENT OF PUBLIC SIAFETY (Cont.) Safety glass for motor vehicles; publication of

list of types usable, 320.602 Secretary of state, member of board, 321.01 Stolen motor vehicles, duty to report, 319.26 Superintendent of public instruction, member of

board, 321.01 Treasurer, member of board, 321.01 Violation of law; penalty, 321.12

DEPARTMENT OF REAL ESTATE Courses of study, teachers, salaries, equipment,

etc., 241.092 Created at University of Fla., 241.091 Effect on Florida real estate commission, 241.095 Funds, disbursement, 241.094

DEPARTMENTS OF GOVERNMENT Appropriation, salaries and. expenses

See: APPROPRIATION, Ch. 282 Definition and division of powers, A2 Executive, A4 Judiciary, A5 Legislative, A3 Offices located outside Tallahassee, deposits of

public funds, 18.101 Revolving fund deposits, banks designated,

18.101 .

. DEPENDENT AND DELINQUENT CHILDREN See: INFANTS; JUVENILE COURT, Ch. 39;

WELFARE. Ch. 409 Contributing, encouraging, etc., to delinquency,

penalty, 828.19-828.21 DEPENDENTS

Support of, See : SUPPORT OF DEPENDENTS, Ch. 88

Workmen's compensation, 440.15, 440.16 DEPOSITIONS

Additional method of taking, 91.30 Civil cases, in accordance with federal rules,

91.30 Commissions

Commissioner Fees

Amount, 91.08 Paid by whom, 91.09

Name of, in commission, 91.06 Notification of witnesses, 91.07 Oath, 91.11 Return, 91.13 Time for taking; fixing, 91.07

Disbarment proceedings, 91.02 Form, 91.10 Grounds, 91.01 Interrogatories

Attachment to commission, 91.06 Cross-interrogatories, 91.05 Notice, 91.03 Redirect interrogatories, 91.05

Issuance, 91.06 Manner of obtaining, 91.03 Notice

Cross-interrogatories, 91.04 Service, 91.03

Oath to witness, 91.11 · Opening, 91.15 Oral interrogatories, 91.12 Persons whose testimony may be taken, 91.01 Presence of parties at examination, 91.12 Return, 91.13, 91.14 Right to take, .91.01 .

Examination of adverse party before trial, 90.18 Expert witnesses; fees, 90.23 Failure~ to take, .after notice, 91.29

DEPOSITIONS (Cont.) Federal rules apply, 91.30 Federal rules, chancery and civil cases in accord

with, 91.30 Guardianship proceedings, 744.32 In rei perpetuam

Effect, 91.24 Execution of commission, 91.22 Manner of obtaining commission, 91.21 Proceedings, 91.22 Return of commission, 91.23

Justice of peace Certificate, 91.18 Continuance, 91.05 Grounds for taking, 91.16 Notice of taking, 91.17 Objections to witness or to deposition, 91.20 Oral interrogatories, 91.17 Return filed personally or sent by mail, 91.19

Justification, failure to take after notice, 91.29 Mileage of party attending on failure to take,

91.29 Nonsuit, requirements, use of deposition after,

91.28 Opening after return, 91.15 Parties, attendance, 91.12 Powers of commissioners appointed in other

states, 91.27 Probate proceedings, 732.13 Referees, before, 56.02 Witnesses

Attachment, 91.26 Attendance, securing, 91.25 Penalty for nonattendance, 91.26 Workmen's compensation, 440.30

DEPOSITORIES OF PUBLIC MONEYS See also: COUNTY DEPOSITORIES, Ch. 136 Banks

Authority to act, 659.24 Authorization of government to use, 18.f0,

18.101 Security

Requirements, 344.17 Sale of securities, 18.12, 18.13

Consent of governor and comptroller, 18.16 Designation by comptroller, 659.24 Failure to pay checks, 18.12 Interest, 18.15 Prompt payment, penalty of officer failing to

make, 839.03 Road bonds funds, 344.17

DEPOSITS Banks See: BANKS AND TRUST COMPANIES Fire insurance companies: bond with state treas

urer Interest, 631.07 Liens of policyholders, 631.09 Requiring, 631.06 Sale to pay liabilities, 631.08 Withdrawal upon ceasing business in state,

631.10 . Foreign building and loan associations, 668.01,

668.02 Material

Tide water, 309.'01 Wharf, etc., 309.02

Public moneys See: DEPOSITORIES OF PUBLIC MONIES

Savings banks See: BANKS AND TRUS'J' COMPANIES

Shellfish industry see: srrATE CONSERVATION FUND

D INDEX 3112

D·EPOSITS (Cont.) Sick and funeral benefit companies

Bonds deposited with state treasurer; requirement, 638.03

Foreign companies; bonds deposited with state treasurer, 638.09

Trust companies See: BANKS AND BANKING

Waste, wash and debris from mines See: MINES AND MINERALS

DEPOSITS IN COURT Depositories, 54.04 Habeas corpus in lieu of bond, 79.02 Jury fees; proceedings to recover leased prem

ises, 83.31 Justices' courts; actions for goods sold, etc.,

81.15, 81.19 Reclamation by parties entitled thereto, 54.06 Redeposit with new depositories, 54.04 Security, 54.04 · State treasurer, deposit with, 54.04 Unclaimed funds, disposition of, 54.06 Withdrawal, 54.04, 54.05

DEPOTS See: RAILROADS AND COMMON CARRIERS

DEPUTIES See also: Specific heads Absence of officers; duties, 115.05 Clerk of circuit court, A16 S4 Officers; leaves of absence, 115.04 Sheriff, A16 S4

DEPUTY CLERK OF SUPREME COURT Appointment, duties, 25.15

DEPUTY COURT REPORTER Duties, 29.08

DERELICT PROPERTY See: WRECKED AND DERELICT PROPERTY,

Ch. 705 DESCENT AND DISTRIBUTION • See: Descent and distribution under PROBATE

LAW, Ch. 731-734 DESERTION

Ground for divorce, 65.04 Wife or child; prosecution, 856.04

DESOTO COUNTY Boundaries, 7.14 Circuit court terms, 26.33 Congressional district, seventh, 8.01 Judicial circuit, 26.13 Representatives in legislature; number, 10.03 Senatorial district, 10.01

DESTRUCTION See also: MALICIOUS MISCHIEF AND IN

JURY TO PROPERTY, Ch. 822: RE-ESTABLISHMENT OF LOST PAPERS AND REC· ORDS. Ch. 71

Ballots; penalty, 104.13, 104.22 Counterfeit, trade-marks, etc., 506.09 Election booths, 104.26 Electors' instruction cards, 104.26 Illegal fish nets and seines, 370.02(11) Obscene books, etc., 933.02, 933.03 Tools of forgers and counterfeiters, 831.20

DETECTIVES Criminal court of record, 32.31

DETENTION Homes Se~ : JUVENILE COURT Persons See: HABEAS CORPUS, Ch. 79 Replevin See: REPLEVIN, Ch. 78 Unlawful See: FORCIBLE ENTRY AND UN

LAWFUL DETAINER, Ch. 82

DETOURS Construction or designation by state road de·

partment, 341.74 DEVASTAVIT

Actions suggesting, 733.52, 733.53 Guardians; actions suggesting, 745.31

DEVICES Coin-operated, 849.15 Evidence, 849.05 Gambling, 849.08 Houses

Agents, servants, etc., 849.02 Keeping, etc., 849.01

Lots; games, 849.11 Lotteries prohibited, 849.09 Lottery tickets; printing, 849.10 Machines prohibited

Confiscation, 849.17 Disposition, 849.18 Generally, 849.16 Houses where operated, 849.20 Penalties, 849.23 Property rights, 849.19

Minors; permitting, 849.04 Rooms for; renting, 849.03 Seines and nets, etc., See: .. SALT WATER FISH·

ERIES; FISH Taking fish See: FISH, SALT WATER FISH·

ERIES DEVISEES

See also: EXECUTORS AND ADMINISTRATORS; PROBATE LAW, Ch. 731-734

Witnesses; testimony as to transaction with decedent, 90.05

DIABETES Insulin; purchase and distribution by state board

of health, 381.64, 381.66 DICE

Gambling, 849.11 DIKES

See: DRAINAGE DISTRICTS; DRAINAGE BY COUNTIES

DINING CARS See also: HOTEL AND RESTAURANT COM

MISSION, Ch. 509 Employees; free passes, 352.22 Screens, 511.36, 511.42

DINING ROOMS Hotels, etc.; screens, 511.42 Screens, 511.33

DIPPING VATS County appropriation, 125.02

DIRECT TAX COMMISSION Appeal from decisions, 14.12 Creation, 14.12 Membership, 14.12

DIRECT TAXES On property in state, recovery from federal gov

ernment, 14.07-14.13 DIRECTED VERDICTS

Civil cases; charge to jury, 54.17 Criminal cases, 918.08 Motion, orders; reserving exceptions, 59.07

DIRECTORS Corporations, etc., See: Specific heads

3113 INDEX D

DIRK KNIVES See also: WEAPONS AND FIREARMS Carrying concealed

Arrest without warrant. 790.02 Indictment, information

Authority, 790.03 Where tried, 790.04

Penalty, 790.01 Improper exhibition, 790.10 Minors; furnishing; penalty, 790.17, 790.18

DISABILITY See also : Specific heads Circuit judges; retirement, 38.14 Definition, 440.02 Limitation upon who may plead, 95.05 Married women; removal See: FREE DEALER

Ch. 62 Workmen's compensation See: WORKMEN'S

COMPENSATION. Ch. 440 DISABLED AMERICAN VETERANS

See also: VETERANS Boxing exhibitions, 548.03

DISABLED PERSONS Aged and infirm, afflicted, benefits to, A13 S3 Exemptions

License taxes, 205.15 Property tax, A9 S9, 192.11

Permanently and totally; public aid to, 409.40 Vocational rehabilitation, 242.50

DISASTER Storm, flood, etc., emergency appropriation au

thorized, 215.16 DISBARMENT

See: ATTORNEYS AT LAW, Ch. 454 DISCHARGE

Accused Application, 922.04 Habeas corpus, 79.08 Pending appeal of prisoners, 915.01, 924.16

Army and navy, recording, 28.18 County convicts, 951.04 Defendant See: CRIMINAL PROCEDURE Employees; blacklistmg, 351.20-351.24 Forgery, promissory note, etc.

Penalty, 831.01 Uttering, 831.02

Garnishee, 77.24 Negotiable instruments See: NEGOTIABLE

INSTRUMENTS. Ch. 674-676 State convicts; clothing, etc., furnished, 954.32 Veterans See: VETERANS

DISCIPLINE Florida industrial school for boys; inmates,

955.15, 955.17 State convicts, 954.10, 954.29

DISCOUNT Insurance company stock; sale, 625.05,626.20 Municipal script, etc., 839.05 Refunding bonds, drainage districts, 298.52 Taxation, tangible personal property, 200.26 Taxes

Intangibles, 199.15 Payment before certain time, 193.41 Redemption prior to November first, 194.07

Usury, 687.03, 687.07 DISCOUNT CONSUMER FINANCING

Administration and enforcement Books and records, 519.12 Cease and desist orders, 519.12 Director of consumer finance, 519.15 Examination of business, annual, 519.12

DISCOUNT CONSUMER FINANCING (Cont.) Administration and enforcement (Cont.)

Injunction, 519.12 Investigations of business, 519.12 Judicial review, 519.14 Personnel, additional, 519.15 Receivers, 519.12 Reports, annual, 519.12 Revocation of certificate, 519.12 Rules and regulations, 519.12 Surrender of certificate, 519.12

Advertising, misleading, 519.10 Automobile, retail title contracts exempt, 519.18 Certificate of authority

Application, 519.07 Bond, 519.07 Businesses, several; separate certificates, 519.07 Fee, 519.07 Investigation, 519.07 Issuance, 519.07 Revocation, 519.12 Surrender, 519.13 Tax, annual, 519.07

Charges Initial, 519.08 Manipulation of, 519.09 Maximum, 519.08 Monthly, 519.08

Chattel mortgage; validity, 519.11 Comptroller

Books and records, 519.12 Cease and desist orders, 519.12 Certificate of authority

Application, 519.07 Bond, 519.07 Businesses, several; separate certificates,

519.07 Fee, 519.07 Investigation, 519.07 Issuance, 519.07 Revocation, 519.12 Surrender, 519.13 Tax, annual, 519.07

Charges, manipulation; supervision, 519.09 Director of consumer finance, 519.15 Disposition of fees collected, 519.16 Examination of business, annual, 519.12 Investigation of business, 519.12 Orders of, judicial review, 519.14 Personnel, additional, 519.15 Record of fees collected, 519.16 Reports, annual, 519.12 Rules and regulations, 519.12

Consumer finance administration fund created, 519.16

Definitions, 519.01 Director of consumer finance, 519.15 Disposition of fees collected, 519.16 Fees collected, record, 519.16 Household furniture liens; validity, 519.11 Husband and wife must sign in certain cases,

519.11 Insurance of property purchased; loaner pro-

hibited to specify particular company, 627.92 Judicial review, 519.14 Law cumulative, 519.18 Legislative intent, 519.02 Loan contracts

Advertising, misleading, 519.10 Length of loan, 519.10 Requirements, 519.10

Loans made outside state Enforcement, 519.17 Interest rate, 519.17

,.',- r

D INDEX 3114

DISCOUNT CONSUMER FINANCING (Cont.) Penalties, 519.06 Requirements of loan contracts, 519.10 Salary assignment

Limitations, 519.11 Validity, 519.11

Scope Evasion, 519.05 Exemptions, 519.04, 519.18 Law cumulative, 519.18 Transactions deemed loans, 519.03

Short title, 519.19 Wage assignments

Limitations, 519.11 Validity, 519.11

DISCOVERY Contempt; failure to answer interrogatories,

90.17, 90.18 Corporate stock; ownership, 55.28 Default judgment; fa~lure to produce books, etc.,

90.16 Ejectment, 70.04 Equity of redemption; value, 55.21 Interrogatories

Ejectment, 70.04 Oral examination, 90.18 Writings, 90.17

Names of persons injured by carriers' violation of law, 350.62

Nonsuit on failure to produce books and papers, 90.16

Notice to produce books, etc., 90.16 Oral examination, 90.18 Propounding interrogatories, 90.17 Requiring production of books, etc., 90.16

DISCRIMINATION See also: COMMERCIAL DISCRIMINATION,

Ch. 540; RAILROADS AND COMMON CAR· RIERS

Life insurance companies, 635.02 Telegraph and telephone companies, 364.09,

364.12 Theater owners, etc., against persons wearing

military or naval service uniforms, 250.45 DISEASES

Animal diseases See: ANIMALS AND ANIMAL INDUSTRY

As injury, 440.02 Diabetes; purchase and distribution of insulin by

state board of health, 381.64 Healing art See: BASIC SCIENCE, Ch. 456 Honeybees See : HONEYBEES, Ch. 584 Hotel, etc., employees, 511.34, 511.42 Plants, etc. See: AGRICULTURE AND HOR

TICULTURE. Ch. 604 School children; instruction in, exemptions,

230.09(1) Segregation and isolation of communicable, con

tagious, · or infectious, 381.51 State board of health; study of causes, 381.55 Tuberculosis See: TUBERCULOSIS SANA-

TORIUM Venereal See : VENEREAL DISEASES

DISGUISES Obstruction of due execution of law by disguised

person, 843."03 DISHONOR

Negotiable instruments See: NEGOTIABLE INSTRUMENTS, Ch. 674-676

DISMISSAL Abatement of action fo,r . failure to prosecute,

45.19

DISMISSAL (Cont.) Actions pending for one year without prosecu-

tion, 45.19 Amendment of bond to avoid, 50.23 Appeal, eminent domain, 73.14 Appeals

Errors not insisted upon, 59.31 Reinstatement of dismissed causes, 59.32 Transcript; failure to file, 59.27 Want of proper parties, 59.30

Costs, failure to give security, 58.01 Drainage proceedings, 298.03 Garnishee, 77.23 Prohibition, 80.09 Quo warranto, 80.02 Reinstatement of dismissed actions, 45.19 ·Want of prosecution as ground, 45.19

DISORDERLY ASSEMBLIES See: UNLAWFUL ASSEMBLIES, Ch. 870

DISORDERLY CONDUCT Legislature, members, A3 S6 Passengers, 352.02 Vagrants, 856.02, 856.03

DISORDERLY HOUSES See: HOUSES OF ILL FAME, Ch. 796

DISPENSE Narcotics act, definition, 398.02

DISPENSING OPTICIANS See also: OPTOMETRISTS Application for license, examination 484.03 Application of law, 484.11 ' Definition, 484.02 Grandfather clause, 484:07 License, annual, 484.08 State board of dispensing opticians

See also: MINOR REGULATORY BOARDS Appeal from orders of, 484.10 Application for license to, 484.03 Appropriation, 282.01(1) / 40Q/ Attorney general legal advisor, 484.08 Compensation of members, 484.08 Examination

Fee, 484.04 Preparation by, 484.04 Scope, 484.03

Fund, disposition, 484.08 Jurisdiction, 484.01 . License, annual, 484.08 Membership, 484.05 Power to revoke or suspend license 484.10 Powers and duties, 484.05 ' Qualifications, 484.05 Report to governor, 484."08

Unlawful acts, 484.06 Unlawful practice, penalties, 484.09

. DISPUTED WRITINGS Comparison, 90.20

DISQUALIFICATION Electors

Felons, A6 S4 Persons, non compos mentis, A6 S4

Foreign officers, A16 S15 Holder of lucrative office for legislator, A3 S7 J\1-dge

Designation of judges to act, 38.09 Failure; effect of acts, 38.06 On own motion, 38.05 Orders prior to, 38.07 Petition for reconsideration not filed, 38.08 PrejudicEl, 38.10 Substitution, when, 38.11 Suggestion; ground, 38.02

3115 INDEX D

DISQUALIFICATION (Cont.) Law practice, to, 454.18 Legislator for certain civil offices, A3 S5 Office, effect of judgment on impeachment,

A3 S29 Persons convicted of certain crimes, A6 S4, 5 Vote, A6 S4, 5 Witness, because of religious opinions, DR 5

DISTILLATE Carriers transporting, reports to comptroller,

207.13, 207.14 Liens on

Authority, 85.02 Materials, 85.03

DISTILLERIES Labor liens, 85.03

DISTRESS FOR RENT See: LANDLORD AND TENANT. Ch. 83

DISTRICT OF COLUMBIA Extradition; included as stated under act, 941.34 Laws of; juvenile offender, jurisdiction, 39.02(3) Oaths; administering, 90.01

DISTRICTS Auditing purposes, 21.04 Bonds, elections, 100.211 Bridges See: ROADS AND BRIDGES Claims against; limitation of actions attacking

release, etc., 95.09 Commissioners. A8 S5

See also: COUNTY COMMISSIONERS. Ch.l25 Dade county, A8 Sll Generally, A8 S5

Congressional Division of state into, 8.01 New counties, 8.02

Constables, AS S23 Drainage See: DRAINAGE DISTRICTS Fire contro'l

Authority to establish and maintain, 125.24 County purpose, 125.23 Establishment, 125.23, 125.25 Everglades See: EVERGLADES FIRE CON

TROL DISTRICT, Ch. 379 Florida board of forestry and parks

AgreEment with, 125.28 Authority, 125.27

Referendum Adoption of law, 125.29 Recission of agreements with state board

of forestry and parks, 125.28 Taxes for payment of expen~es, 125.26 Units

Authority to establish and maintain, 125.25 Florida board of forestry and parks; agree

ment with, 125.25 Referendum; election of law, 125.29

Justice of peace, A5 S21 Boundaries; number. 37.04 Enlargement, 37.06 Evidence, 37.05

Mosquito control See: MOSQUITO CONTROL DISTRICTS. Ch. 389

Purchases under state contract authorized, 125.081

Roads See: ROADS AND BRIDGES School See: SCHOOLS AND SCHOOL CODE Senatorial, 10.01 Tax; counties, 193.18

DITCHES Drainage See: DRAINAGE BY COUNTIES.

Ch. 157; DRAINAGE DISTRICTS Log ditches; licenses, 347.01, 347.02

DIVERS Sponges, helmets etc., use in gathering, 370.17 (2)

DIVIDENDS Banks and trust companies, 661.44

Declaration, 659.03 Building and loan associations

Foreign, 668.02 Payment, 665.29 Reserve

Percentage required, 665.28 Stockholder; withdrawing, 665.19

Cooperative marketing associations, 618.15 Corporations, 608.16, 608.52, 608.53 Credit unions, 657.18, 657.19 Insolvent corporations, payment, 610.23 Insurance companies, 625.14, 635.05 Railroad companies, 611.35

DIVING FOR SPONGE See: SPONGE FISHERIES. Ch. 374

DIVISIONS Political, of state, A8 S1 Powers among governmental departments, A2 Supreme court, AS S4

DIVORCE A vinculo matrimonii, 65.03 Adulterous wife; alimony prohibited, 65.08 Alimony

Absent defendants; proceedings against, 65.12 Adulterous wife, 65.08, 65.09 Attachment in aid, 65.13 Bond for payment, default; collection, 65.19 Changes, 65.15 Decree, upon, 65.08 Effect of decree, 65.11 Enforcement proceedings, 65.16

Additional method of, 65.18 Attorney's fees, 65.16, 65.17, 65.18 In court other than where entered, 65.18

Garnishment in aid, 65.13 Injunction in aid, 65.11 Lump sum or periodic payments, 65.08 Modification or confirmation of agreements

for payment, 65.15 Ne exeat in aid, 65.11 Pendente lite, 65.07 Permanent, on decree of divorce, 65.08 Proceeding to enforce, 65.16, 65.18 Support and suit money; enforcement of or

ders in court other than where entered, 65.18 Unconnected with causes of divorce, 65.10 Unconnected with divorce, 65.09

Attorneys at law; advertising handling of divorce cases, 454.33

Bill in equity, 65.01 Children

Effect of decree, 65.05 Orders touching care, etc., 65.14

Costs, attorney's fees, etc., payable to whom, 65.17

Decree Attorney's fee, costs, alimony, etc., 65.08, 65.17 Awarding alimony, modification, 65.15 Effect, 65.05, 65.11 Proceeding to enforce, 65.16, 65.18 Records, 382.25, 382.26 '

Estates by entirety, effect on, 689.15 Foreign, 65.04 Grounds, 65.04 Guardianship of child; effect; custody, '744.13 Minors; removal of disability of nonage, 743.02,

743.03 Nature of; a vinculo, 65.03 Nonresidents; proceedings against, 65.06 Process, nonresidents, 65.06 Residence; requirement, 65.02 Special or local laws, granting, A3 S20 Suit money, 65.07

D INDEX 3116

DIXIE COUNTY Boundaries, 7.15 Circuit court terms, 26.24 Congressional district, eighth, 8.01 Judicial circuit, 26.04 Representatives in legislature; number, 10.03 Senatorial district, 10.01

DOCKETS Circuit judge to call over, at end of term, 26.42 Clerk county judge, county judge's court, 36.14 Clerk' of circuit court to keep, 28.21

County courts Clerk; duty to keep, 34.06 Delivery to successor, 937.19 Inspection, 937.19 Plea; entry, 937.05 To keep, 937.18 Verdict; entry, 937.09

Fee, clerk supreme court for docketing case, 25.19 .Justice of peace

Delivery to successor, 937.19 Inspection, 937.19 Plea; entry, 937.05 To keep, 37.15, 937.18 Verdict; entry, 937.09

Supreme court, 25.18

DOCKS Canal companies, 360.01 Cities and towns; powers, 167.21

DOCKYARDS State lands acquired for, by United States, 6.02

DOCTORS See: PHYSICIANS AND SURGEONS~ Ch. 458

DOCUMENTARY STAMP TAX See: TAXATION

DOCUMENTS Evidence, disputed, 90.20 Excise tax See: TAXATION

DOG FLIES, EXTERMINATION See: MOSQUITO CONTROL DISTRICTS

DOGS Bloodhounds, purchase by counties, 125.05, 125.06 Damage by

Owner's responsibility, 767.01, 767.04 When owner not liable, 767.04

Defense to killing, 767.03 Larceny; penalty, 811.19 Malicious injury to; penalty, 811.19 Municipal regulations, 168.09 Races See: RACING. Ch. 550 "Seeing Eye" dog to accompany blind master into

hotels, etc., 413.08 Sheep-killing, roaming about, 767.02, 828.10

DOGWOOD Preservation, 865.06

DOMESTIC SERVANTS Workmen's compensation, 440.02

DOMICILE Corporations; for service of process, 47.23, 47.35 Establishment in Florida, evidence, 222.17 Guardian and ward, change of, 744.10 Statement, filing with clerk of circuit court,

222.17 DONATIONS

Public lands, accounts, 19.16 Public libraries, 167.37 Venereal diseases; to enforce laws, 384.11

DONATIONS TO STATE Unspecified purpose, A12 S4

DOORS Hotels, etc., 511.13, 511.14 Theatres, etc., opening outward, 823.06

DOUBLE JEOPARDY See: CRIMINAL PROCEDURE Prohibited, DR 12

DOWER Amount, 731.34 Articles in addition, 731.36 Assignment

Commissioners, appointment, etc., 733.13 Duty of personal representative, 733.09 Judgment, 733.14 Jury trial, 733.12 Orders for, recording, 36.14 Petition for, 733.10, 733.11 Proceedings, 733.12 Time for, 733.09

Bar or release by married women Acknowledgment, 708.07 Authority, 693.02 Minors, 693.04 Specific performance of agreement to relin-

quish, 708.07 Clothing; in addition, 731.36 Commissioners for assignment, 733.13 Debts; freedom, 731.34 Election to take, 731.35 Estate of widow, 733.14 Estate taxes; freedom, 731.34 Farming utensils, in addition, 731.36 Final judgment, 733.14 Guardians, release by, 745.15 Homestead; exemption, 731.34 Household goods in addition, 731.36 Inheritance taxes; freedom, 731.34 Judgment against wife, effect, 708.08 Liens, effect, 731.34 Limitation of time for claiming, 731.35 Personal property, 731.34 Petition for assignment, 733.10, 733.11 Provisions in addition, 731.36 Quieting title; suit to preclude claim of dower

interest, 66.25 Real property, 731.34 · Record of election to take, 731.35 Release by married women, acknowledgment,

693.03 Relinquishment; notaries' power to take, 117.04 Taxes; freedom, 731.34 Title of widow, 733.13 Wearing apparel, 731.36 Writ of possession, 733.14

DOYLE'S RULE AND LOG BOOK Measurement, etc., of lumber, 536.20

DRAFTEES REJECTED FOR VENEREAL DIS· EASE

Failure to take treatment, 384.13 Treatment required, 384.12

DRAFTS See: BANKS AND BANKING; NEGOTIABLE

INSTRUMENTS

DRAINAGE See also: MUNICIPALITIES: DRAINAGE BY

COUNTIES. Ch. 157; DRAINAGE DISTRICTS Internal improvement fund, trustees; duties,

253.18 Lakes, 298.74 Mosquito control districts, 390.16 Obstructing flow of water through drains, 298.66 Through private property, compensation, A16 S28

3117 INDEX D

DRAINAGE BY COUNTIES Appeals

Consolidation, 156.17 Costs, 156.16 Questions involved, 156.16

Application of law, 156.28 Approval of work, 157.05 Assessments

Additional Additional work and cost prior to comple

tion, 157.19 Cost exceeding estimated cost, 157.07 Enlarging drains, etc., 157.16

Adjustments, 157.36 Bonds, 157.08, 157.33 Collection, 157.06 Complaints, 157.06, 157.32 Decrease, 157.15 Enlarging or deepening drain, 157.21 Form, 157.20 Installment payments, 157.06, 157.23 Irregularities, new assessment

Attempted establishment, ditch, etc., irregu-lar, 157.30

Committee; compensation, correction, 157.25 Conclusiveness, 157.35 Effect, 157.34 Illegal; questioning by collateral proceed-

mgs, 157.14 Issua.nce, new script, 157.33 Nonce, 157.;n Rev1ewmg .::omplaints, 157.32

Lien, 15o.27 Maintenance and repairs, 157.17 New assessments

Attempted establishment, ditch, etc., irregu-lar, 157.30

Committee; compensation, correction, 157.25 Conclusiveness, 157.35 Effect, 157.34 Illegal; questioning by collateral proceedings,

157.14 Issuance new script, 157.33 Notice, 157.31 Reviewing complaints, 157.32

Notice, reassessment, 157.31 Objections, 157.23 Proportional, 156.04 Requisites, 157.20 Review and equalization

Objection to report of assessment committee, 157.23

Renew complaints, making proper assess-ments, 157.32

Time for questioning, 157.14, 157.35 Validation, 157.08 Viewers, 157.20 Viewing land before assessment, hearing

complaints, 157.06 Audit, records by state auditing department,

298.65 Bonds

Contractors Before letting contract, 157.04 Enlargement of drains, 157.21 Repairing drains, 157.22 Sureties, 156.18

Denomination, 157.08 Interest, 157.08 Issue, 157.08 Liens on lands, 157.12 Petitioners, 156.02 Sale, 157.08 Script; payment, 157.15 Surplus, 157.13

DRAINAGE BY COUNTIES (Cont.) Bonds (Cont.)

Tax for interest and sinking fund, 157.08, 157.12-157.14

Validation, 157.08 Changes; costs, 156.13 Clerk of circuit court; duties, 156:08, 156.18 CommiUee

Appointment, 157.03, 157.20 Assessments, 157.06 Compensation, 157.09, 157.25 Enlargement of drains, 157.21 Estimates

Cost of repairs, 157.22 Original cost, 157.03

Hearing of complaints, 157.06 Objections to reports, 157.23 Powers, 157.03, 157.20 Reports, 157.03, 157.20 Supervision of work, 157.05 View of land, 157.06

Condemnation of right-of-way, 157.03 Contracts

Additional, 157.19 Advertisements for bids

Enlargements, 157.21 Establishment, 157.03 Repairing, 157.28

Bond of contractor Clerk to receive, 156.18 Enlargement, 157.21 Repairing drains, 157.22 Required, 157.04

Enlarging or repairing drain, 157.18, 157.21, 157.28

Letting, to lowest bidder, 157.03, 157.18, 157.21, 157.22, 157.28

Payment for work, 157.05 Reletting, 156.19 Repairs, 157.18, 157.28

Costs, 156.13, 156.15 County commissioners

Adjustment of assessments, 157.36 Duties, 156.14 Establishment of drain, 156.09, 156.14 Orders; appeal, 156.16, 156.17 Powers, 156.01 Two or more counties acting conjointly, 156.22

County surveyor; duties, 156.20 Damages, 156.06, 156.15 Engineer; appointment, 157.05 Enlarging or deepening

Approval of work, 157.21 Assessment, 157.16, 157.20, 157.21 Committee, 157.21 Contracts, 157.18, 157.21 Payment, 157.21

Lateral ditches and drains Application, 157 10 Authority to establish, 157.11 Manner of construction, 157.11

Maintenance and repairs Approval of work, 157.22 Assessment, 157.06, 157.22 Committee, 157.22 Contract, 157.22, 157.28 Control by county commissioners, 157.26 Minimum size of tract to be drained, 156.02 Proceedings, 157.27 Special tax, 157.29 Surplus of bonds; use, 157.13

Notes; issuance, etc., 157.12 Obstructing flow of water through drains, 298.66

D INDEX 3118

DRAINAGE BY COUNTIES (Cont.) Petition

Action, 157.02 Dismissal, 156.09 Drain in two or more counties, 156.21 Form and procedure, 156.02 Hearing and determination, 156.09, 157.02 Notice, 156.08, 157.Ql Powers of board of county commissioners,

157.01 Procedure, 156.02 Public roads, 156.24 Railroads, 156.24 Remonstrance, 156.10 Reviewers

Appointment, 156.10 Duties, 156.11 Majority to act, 156.26 Meeting of viewers, 156.15 Report, 156.12, 156.15

Route in two or more counties County commissioners to act conjointly, 156.22 Manner of clearing ditches, 156.23 Petition, 156.21 Procedure, 156.21 Viewers, 156.21

Scnpt; issuance, etc., 157.24, 157.33 Sheriff; duties, 156.25 Survey, 156.02, 157.03 Tax

Interest and sinking fund, 157.08, 157.12-157.14 Maintenance and repairs, 157.29 Payment in one sum, 157.14

Third parties; rights, 156.10 Viewers

Appointment, 156.02, 156.03, 156.21 Drains in two or more counties, 156.21 Duties, 156.02, 156.03, 156.21 Estimates, 156.03 Majority to act, 156.26 Meetings and adjournment, 156.07 Powers and duties, 156.05, 156.21 Qualifications, 156.02 Reports, 156.15, 156.21 Reviewers; meeting, 156.15

DRAINAGE DISTRICTS See also: TAXING DISTRICTS Abatement and revival of actions, 298.05 Acquisition of lands

See also: Condemnation of lands Authority, 298.62 Manner, 298.62 Power of supervisors, 298.22

Actions pending unaffected, 298.79 Additional assessment, 298.09 Additional powers, local or special acts, 298.76 Appearance in proceedings to organize, 298.03 Appraisal of lands for right-of-ways, etc., 298.30 Assessments, readjustments, procedure, notice

clerk's duties, etc., 298.77 Audit of records by state auditing department,

298.65 Benefits, readjustment of assessment, 298.55 Board of drainage commissioners

Appointment of supervisors, 298.11 Borrowing money

Authority, 298.70 Issuing notes, etc., 298:71 Loans, 253.33 Repayment of loans, 2g8, 72

Drainage tax, use of proceeds, 298.72 Matured written obligations receivable on pay

ment of taxes, 298.73

DRAINAGE DISTRICTS (Cont.) Board of drainage commissioners (Cont.)

Membership, 298.69 Petition fur formation of district, 298.01 Representation of state at election of board of

supervisors, 298.11 Board of supervisors

Appointment, 298.11, 298.12 Appropriation of land for right-of-way, 298.23 Approval, tax collector's bond, 298.38 Approval, treasurer's bond, 298.17, 298.47 Assessments of benefits to land not taken,

298.23 Attorney

Duty, 298.18 Employment, 298.18

Auditing treasurer's books, 298.17 Bond issues, 298.47 Borrowing money, 298.29 Chief engineer See: Chief engineer

Maps and profiles, 298.16 "Plan of reclamation," 298.26 Reports, 298.16, 298.26, 298.35 Surveys, 298.16

Compensation, 298.14 Condemnation proceedings

Drains, construction by adjoining landowners, 298.57

Exceptions after filing, 298.37 Powers, 298.22, 298.23

Consent of the United States government· ob-taining, 298.59 '

Consolidation of districts, 298.08 Construction of works; powers, 298.35 Contracts; execution and approval 298.35 Designation of bank as temporary treasurer

298.47 , Election, 298.11, 298.12 Eminent domain; powers, 298.22 Expenses, 298.14 Extending corporate life of district 298.09 Fees of Florida drainage association; payment Ha~ '

Fiscal agent; employment, 298.17 Maintenance tax; levy, 298.54 Meeting, 298.12 Mileage, 298.14 Negotiable instruments; issuance, 298.29 New plans, etc., 298.27 Oath of office, 298.13 Organization, 298.14 Overseas, appointment, 298.19 Payment of dues to Florida drainage associa-

tion, 298.58 Powers in general, 298.22 Powers to effect reclamation of land 298.22 President '

Custody of treasurer's bond, 298.17 Election, 298.14 Execution of bonds, 298.47

Qualifications, 298.11 Quorum, 298.11 Record of proceedings

Inspection, 298.15 Keeping, 298.14, 298.15

Removal Filling vacancy, 298.1J Officers and employees, 298.21

Reports to landowners, 298.14, 298.17 Resolution fixing compensation, 298.20 Seal, 298.14 Secretary

Appointment, 298.14 Bond, 298.14

3119 INDEX

DRAINAGE DISTRICTS (Cont.) Board of supervisors (Cont.)

Secretary (Cont.) Certified copy of petition to amend incor-

poration of district, 298.07 Compensation, 298.14 Custodian of collector's bond, 298.38 Deputies, 298.17 Drainage back tax book; preparation, 298.38 Duties, 298.14 Execution of bond, 298.47 Office, etc., 298.17 Plan of reclamation filed, 298.26 Return by collector, 298.38 Superintendent of plant; employment, 298.19 Tax record, 298.36 Term of office, 298.11, 298.12 Treasurer; appointment, 298.17 Vacancies in office, 298.22 Works and improvements; power re, 298.22

Tax Annual installments, certification to collec

tors, 298.37 Apportionment, 298.36 Collection

Bonds

Levy, 298.29, 298.36 Lien on land, 298.29 Record, 298.36 Time due, 298.29

Actions, 298.53 Amount, 2!:18.36, 298.47 Application of funds derived from, 298.48 Denominations, 298.47 Duration, 298.47 Execution, 298.47 Interest

Assessment tax, 298.36, 298.47 Part of cost of construction, 298.06, 298.36 Rate, 298.49

Issuance, 298.47 Liens on land benefited, 298.56 Loans, 298.29 Loans by secretary: of interior of United States,

298.63 Refunding, etc., 298.52 Required by law; sureties, etc., 298.61 Sales, 298.48, 298.52 Sinking fund, 298.47 Tax for interest and sinking fund

Assessments; validation, 157.08 Borrowing to pay, 157.12 Use of surplus bond proceeds, 157.13

Taxation for payment, 298.36, 298.50, 298.53, 298.56

Taxation; mandamus to compel assessment and collection of taxes, 298.56

Taxes, receiving, in payment, 298.44 Validation

Appeal and review, 75.08 Condition precedent, 75.03 Costs, 75.12 Final decree; effect, 75.09 Intervention; hearings, 75.07 Jurisdiction, 75.01 Notice; publication, 75.06 Parties, 75.02 . Petition, 75.04 Recording decree, other counties, 75.10 Rule to show cause; service, 75.05

Valuation in connection with tax, 298.53 Borrowing money, 298.29, 298.70, 298.71 Boundaries

Change, 298.07 Proposed boundaries, 298.01

DRAINAGE DISTRICTS (Cont.) Bridges

Construction, etc., 298.22, 298.24 Type in certain counties, 298.25

Canals; dredging or cleaning; state convicts, 298.64

Change of venue, 298.04 Chief engineer

Appointment, 298.16 Assistants, 298.16 Bond, 298.16 Duties, 298.16, 298.32 Estimates, 298.16 Maps and profiles, 298.16 Plans and specifications of improvements,

298.16 Reports, 298.16 Superintendent of works, 298.35 Surveys, 298.16

Circuit court Clerk See: CLERK OF CIRCUIT COURT Compensation of officers; fixing, 298.20 Condemnation proceedings

Appeal, 298.34 Right-of-way, 298.57

Confirmation of commissioners' reports, 298.34 Consolidation of districts, 298.03, 298.08 Decree of incorporation

Amendment, 298.07 Certification, 298.34

Dissolution of districts, 298.06 Extending corporate life of district, 298.09 Hearing on petition for formation, 298.03 Judge, disqualification, 298.04

Compensation; mileage, 298.04 Substitution; jurisdiction, 298.04

Jurisdiction, 298.02 Petition for ditch connections, 298.28 Proceedings on commissioners' reports, 298.34 Readjustment of assessments, 298.55 Tax liens; enforcement, 298.45

Clerk of circuit court Certificate of publication of notice of applica

tion to form, 298.02 Certified copy

Decree amending incorporations; transmission to other counties, 298.07

Decree and report to supervisors, 298.34 Findings and decree to secretary of state,

298.03 Compensation, 298.20 Copy of findings and decree filed, 298.03 Drainage tax record, 298.41 Fees for recording and filing

Certified copies of consolidation proceedings, 298.08

Decree extending corporate life of drainage districts, 298.09

Decree in drainage proceedings, 298.03, 298.34 Redemption of tax certificates, 298.67

Notice Appointment of commissioners of appraisal,

298.31 Election of supervisors, 298.11 Filing commissioners' reports, 298.33 Petition

Amendment of decree of incorporation, 298.07

Consolidation of districts, 298.08 Incorporation of district, 298.02 ReadJustment of assessments, 298.55

Petition Amendment of decree of incorporation;

filing, 298.07

D INDEX 3120

DRAINAGE DISTRICTS (Cont.) Clerk of circuit court (cont.)

Petition (Cont.) Appointment of commissioners of appraisal;

filing, 298.30 Extension of corporate life; filing, 298.09 Incorporation of district; filing, 298.01 Readjustment of assessments; filing, 298.55

Plan of reclamation filed with, 298.30 Redemption of certain drainage tax certifi

cates, 298.67 Reports of commissioners filed with, 298.07,

298.32 Commissioners of appraisal

Appointment, 298.30 Assessments

Benefits and damages, 298.32 Changing plan of reclamation, 298.07

Chairman, 298.31 Changing boundaries of district, 298.07 Chief engineer; duties, 298.32 Compensation, 298.32 Costs, 298.34 Damages; acceptance of assessment, 298.34 District attorney; duties, 298.32 Estimates, 298.32 Lands outside district, 298.32 List of lands, 298.31 Meeting, 2!)8.31 Notice of appointment, 298.31 Oath, 298.31 Organization, 298.31 Petition for appointment, 298.30 Plan of reclamation

Change, 298.32 Copy delivered, 298.31

Proceedings, 298.32 Property assessable, 298.32 Qualifications, 298.30 Quorum, 298.30 Report

Amendment, 298.34 Confirmation, 298.34 Exceptions, 298.34 Hearings, 298.34 Notice, 298.33 Proceedings, 298.32

Secretary, 298.31, 298.32 View of premises, 298.32

Compensation for services, 298.2il Condemnation of lands

Appeal, 298.34 Attorneys' fees, 73.11 Authority, 298.62 Award; trial and verdict, 73.09, 73.10 Costs, 73.11 Drains; constructions by adjoining landown-

ers, 298.57 Eminent domain; procedure, 74.15 Exceptions after filing, 298.34 Institution of proceedings, 73.01 Jury trial, 73.10 Parties defendant, 73.01 Payment of compensation, 298.23 Petition, 73.03, 298.62 Procedure, 73.19 Purposes, 298.62 Right-of-way to drain, 298.57 Title of land passes when, 298.23 Trial, 73.10 Venue, 73.01 View of property by jury, 73.10

Connection with other water courses, 298.28 Consent to formation, 298.03

DRAINAGE DISTRICTS (Cont.) Consolidation

Approval of landowners, 298.03 Authority, 298.02

Conveyances of land; validated and authorized, 694.13

Coupons, taxes in payment of matured interest, 298.44

Creation, method, 298.01 Damages, assessment by jury, 298.34 Defaults; receiverships for district, 298.51 Deposits frozen in banks; compromise or ad-

justment, 661.43 Dissolution

Certain cases, 298.06 Compensation, 298.20 Distribution of surplus, 298.29 Duties, 298.18, 298.32 Preparation of contracts, 298.35 Removal, 298.21 Suit to enforce tax lien, 298.45

Ditches, canals, etc., Connections, 298.28, 298.57 Contracts by commissioners of state institu

tions for dredging and cleaning, 298.64 Superintendent and overseers, 298.19

Donations of lands, 298.22, 298.62 Drainage of lakes, 298.74 Drainage tax books, 298.37, 298.38, 298.45 Drainage tax record, 298.36, 298.41 Dredging canals; state convicts, 298.64 Eminent domain, procedure, 74.15 Employees

Compensation, 298.20 Removal, 298.21 Retirement See: Retirement system under

COUNTY OFFICERS AND EMPLOYEES Social security See: SOCIAL SECURITY

FOR PUBLIC EMPLOYEES, Ch. 65-0 Enforcement of other taxes, 298.46 Engineers

Compensation, 298.20 Consultation, 298.16 Surveys, 298.16

Exchange of lands, 298.62 Expenses of officers, 298.20 Extension of corporate life, 298.09 Extension of other lands, 298.29 Federal aid, 298.63 Fee statute inapplicable, 298.20 Fences, etc.; removal, 298.22 Fiscal agent, 298.17 Florida drainage association dues, payment,

298.58 Foreclosures by; amount of bid at sale, 298.80 Formation

Adjournment of hearing, 298.03 Approval of landowners, 298.03 Costs, 298.03 Decree incorporating district

Amendment, 298.07 Filing, in counties affected, 298.03

Dismissal of proceedings, 298.03 Hearing, 298.03 Jurisdiction, 298.02 Notice, 298.02 Objections, 298.03 Order, 298.03 Petition

Amendment, 298.03 Filing, 298.01 Notice, 298.02

Purposes, 298.01

3121 INDEX D

DRAINAGE DISTRICTS (Cont.) Funds

Deposit, 298.17 Interest on deposits, 298.17 Sale of bonds, 298.48 Use for construction of power plants, 298.22

Gifts of lands, 298.62 Hydro-electric power plant, 298.22 Interest upon matured bonds and coupons, 298.49 Lakes, 298.7 4 Levees, etc., 298.22 Liens; release, 298.78 Local and special legislation, 298.76 Negotiable instruments; issuance, 298.29 Objections to formation of district. 298.03 Obstruction of canals, etc.,

Damages, 298.66 Prohibited, 298.66

Officers Compensation, 298.20 Removal, 298.21

Organization, 298.03, 298.11 Overseers, 298.19 "Owner" defined, 298.68 Participation in proceeds of sale of county tax

foreclosed lands, 194.53, 194.55 Penalties payable to and recoverable by, 298.61 Petition

Amendment of decree of incorporation, 298.07 Change of plan of reclamation, 298.07 Compensation for preparing, 298.20 Consolidation of districts, 298.08 Extension of corporate life of district, 298.09 Formation of district

Amendment, 298.03 Authority, 298.01

Notice of filing, 298.02 Readjustments of assessments of benefits,

298.55 Plan of reclamation

Approval, 298.47 Certified copy to clerk of circuit court, 298.30 Change, 298.07, 298.32 Copy to commissioners of appraisal, 298.31 Filing, 298.26 New or amended, 298.27

Power plants, 298.22 Purchase of lands, 298.22, 298.62 Purchase under state contract authorized, 125.081 Purposes, 298.01 Readjustment of assessments, 298.55 Receiver, 298.51 Records; auditing, by state auditing department,

298.65 Redemption period; foreclosures, liens, etc.,

298.81 Revival, 298.05 Right-of-ways; condemnation, 298.22, 298.23,

298.57 Roadways over levees, etc., 298.22 Seal

Attestation of bonds, 298.47 Attestation of tax record, 298.36 Board of supervisors, 298.14

Social security See: SOCIAL SECURITY FOR PUBLIC EMPLOYEES, Ch. 650

State auditing department; auditors; power, 298.65

State convicts; use, 298.64 State lands; taxes, 298.36 Subdrainage districts

Acquisition of lands of canal right-of-ways, 298.62, 298.66

Eminent domain procedure, 74.15

DRAINAGE DISTRICTS (Cont.) · Suits

Abatement, 298.05 Appeals, 298.10 Change of venue, 298.04 Continuance, 298.46 Duties of district attorneys, 298.18 Enforcement of tax lien, 298.45 Process, 298.53 Revival, 298.05 Trial, 298.46

Tax assessor Character of service, 298.401 Compensation, 298.401

Tax collector Bond, 298.38 Certificate to, 296.37 Character of service, 298.401 Commissions, 298.46 Compensation, 298.401 Duty, 298.38 Failure to remit taxes, 298.40

Tax foreclosed lands, time within which former owner may sue, 192.48

Tax liens Effect of county tax foreclosures, 194.53 Foreclosure, 298.75

Taxes Additional leyy, 298.27 Amount, 298.29, 298.36 Annual installments, 298.37 Apportionment, 298.36 Assessment, 298.77 Collection

Certificate to collector, 298.37 Delinquent; penalty, 298.39 Levy, etc., by supervisor, 298.29 Liens, 298.41

Delinquent, 298.38, 298.39, 298.45, 298.46 Dissolution of district, 298.06, 298.29 Drainage tax book

Contents as evidence, 298.45 Form, 298.37 Transmitted to collector, 298.38

Drainage tax record Clerk of court; filing, 298.41 Contents, 298.36

Enforcement of other taxes, 298.42 Extension to other lands, 298.29 Interest, 298.36, 298.46 Levy, 298.36, 298.53 Lien

Authority, 298.41 Certificate, 298.41 Effective date, 298.29 Enforcement, 298.54 Foreclosure, 298.75

Maintenance, 298.54 Mandamus to compel assessment and coEl.ec

tion, 298.56 Payable when, 298.29 Payment

Advance, 298.42 Bonds of district receivable at par, 298.44 Bonds, payment, 298.36, 298.50, 298.56 Notes of boards of drainage commissioners

receivable, 298.73 Part of tract, 298.38 Treasurer, 298.17

Penalty Fa!lure of collector to pay over, 298.40 Failure to pay, 298.39

Priority, 298.41 Readjustments, procedure, notice, 298.77

D INDEX 3122

DRAINAGE DISTRICTS (Cont.) Taxes (Cont.)

Redemption of certain drainage tax certificates, 298.67

Return by collector, 298.38 Sale of lands

Authority, 298.45 Bidding in land for district, 298.46 Decree, 298.46 Deed, 298.45, 298.46 Notice, 298.46 Procedure, 298.45 Proceeds, 298.17, 298.45 Redemption of certificates

Bonds of districts receivable at par, 298.43 Costs and fees; cash payment, 298.43

Title acquired, 298.45 State lands, 298.36 Subdrainage districts, 298.41 Suit

By bondholder, 298.45 Enforcement of lien, 298.45, 298.46

Time when due, 298.29 Use of proceeds to pay loans, 298.72 Valuation in connection with, 298.53

Treasurer Appointment, 298.17 Audit of books, 298.17 Bond, 298.17, 298.47 Compensation, 298.17 Deputy, 298.17 Disbursement by warrant, 298.17 Duties, 298.17, 298.47 Moneys payable, 298.17 Office; stationery, etc., 298.17 Payment by collector, 298.38 Sale of bonds

Expenses; payment, 298.47 Report, 298.48 Signing, 298.49

Validation of bonds See: VALIDATION OF BONDS

Warrants Disbursements, 298.17 Form, 298.17 Interest, 298.60 Payment, 298.17

Water power, 298.22 Works and improvements

Additional, 298.27 Bonds of contractors, 298.35 Chief engineer, 298.35 Contracts, 298.35 Employment of men, etc., 298.35 Highways, railroads, etc., across, 298.22 Machinery, 298.35 Maintenance tax, 298.54 New and additional, 298.27 Overseers, 298.19 Plans and specifications, 298.35 Powers and duties of supervisors, 298.22, 298.35 Superintendents, 298.35 Water power, 298.22

DRAMATICS-MUSICAL COMPOSITIONS See: COPYRIGHTS

DRAWBACK Common carriers, 352.19 Telegraph and telephone companies, 364.09

DRAWBRIDGES Navigable streams, over, 861.05 Railroads

Maintenance over canals in Everglades, 351.28 Penalty, 351.29 Speed of trains, 351.01

DRAWING See: GRAND JURY, Ch. 905; JURY, Ch. 40

DRAYS Municipal regulation, 168.07

DREDGE BOATS AND DREDGES Everglades; in railroad right-of-way· use, 351.27 Failure to list for taxation, 193.10 ' License taxes, 205.13 Oysters, taking, 370.16(16) Railroad and common carriers allowed to use

right-of-way in Everglades, 351.27

DRINK See also: FOOD: ALCOHOLIC BEVERAGES

AND LIQUORS Adulteratin~ liquor, 569.10 Mingling poison, 859.01

DRIVE-IN Theatres See: OUTDOOR THEATRES, Ch. 555

DRIVER'S COMMERCIAL SCHOOLS See: COMMERCIAL DRIVING SCHOOLS

DRIVERS' LICENSES See: DEPARTMENT OF PUBLIC SAFETY Ch

322 ' .

DROWNING Overloaded vessel, 870.01

DRUG ADDICTS See also: NARCOTICS, Ch. 398 Appre~ension; hearing, etc., 397.02 Commitment to care of state, 397.01

DRUG STORE See: PHARMACISTS, Ch. 465

DRUGS See also: FOOD: FLORIDA FOOD, DRUG AND

COSMETICS LAW, Ch. 500; NARCOTICS Ch 398; PHARMACISTS, Ch. 465 ' '

Abortion Admin~s~ering drugs, penalty, 782.10, 797.01 Advertismg drugs; penalty, 797.02

Adulterated Manufacture, sale, etc.; forbidden, 500.04 Penalty1 859.08

Adulteratmg drink, 569.10 Drug store inspection fund, deduction of three

per cent, 215.22 Drunkenness from, 856.01 Habit-forming see: NARCOTICS, Ch. 398 Inspectors, 19.48 Morphine, sale, 859.03, 859.05 Narcotics Eee: NARCOTICS Presc;rib~g; registration required prior to, 461.19 Public nUisance, 398.14 Records; inspection, 398.17 Sale

Containers, 398.12 Exceptions, 398.09 Illegal, 859.03-859.05 Labels, 398.11 Manufacturer, 398.06 Wholesaler, 398.06

Search warrant, 933.02 Sulphate; sale, 859.03

DRUNKARDS Aircraft; operations, 860.13 Motor vehicles; operation, 860.01 Vagrants, 856.02

3123 INDEX D

DlWNKENNESS Attorneys at law; disbarment, 454.24 Dentist; revocation of licenses, 466.24 Divorce; ground, 65.04 Ground for removal or suspension from office,

A4 S15 Guardians, grounds for ·removal, 746.03 Naturopaths, revocation of license, 462.14 Optometrists, revocation of license, 463.11 Pharmacists, revocation of licenses, 465.101 Physicians, revocation of license, 458.12 Prohibition against, 856.01 Servants of common carriers, 860.03

DUCKS See: GAME AND FRESH WATER FISH, Ch. 372

DUE PROCESS OF LAW Guaranteed, DR S12 Railroads.; taking property without, 350.28

DUELING See also: CRIMINAL PROCEDURE Accepting or delivering challenge, 783.02 Acting as aid, 783.02 Challenging, 783.01 Conviction of participation in, as disqualification

for office or suffrage, 112.01 Killing, 782.05 Murder, 782.05 Prohibited; punishment, A6 S5 Publishing another as coward for failure to fight

duel, 783.03 DUMB

Education, care, etc., 242.33-242.36 DUMBWAITERS

See: Safety Regulations under ELEVATORS, Ch. 399

DUPLICATES Chauffeurs' license cards, etc., 322.14

DURESS Evidence; compelling, 950.09 Warehouse receipts, 678.49, 678.52

DUVAL COUNTY Boundaries, 7.16 Circuit court; additional circuit judge, A5 842 Circuit court terms, 26.25 Circuit judges; voluntary resignation and retire-

ment, 38.18 Congressional district, second, 8.01 Judicial circuit, 26.05 Merger with city of Jacksonville; new powers;

jurisdiction, AS S9 Representatives in legislature, number, 10.03 Senatorial district, 10.01

DWELLING HOUSES Bonfires, building near; penalty, 823.02 Breaking and entering See: BURGLARY Burglary, evidence, prima facie, 810.07 Burning See: ARSON Explosives

Destroring or injuring, 822.01 Throwmg against, 822.02

Searches, 933.18 Shooting into; penalty, 790.19 Throwing deadly missiles into; penalty, 790.19 Throwing noxious substances against, 822.05 Trespass after warningi penalty, 821.01 Wanton or malicious inJury or destruction, 822.04

DYNAMITE See also: EXPLOSIVES Fish, use in killing; penalty, 370.08(5) Injuries, contributory negligence, 769.03 Injuries io employees

Assumption of risk, 769.04 Comparative negligence, 769.03 Contracts limiting liability for injuries, 769.08 Damages for injuries, 769.03 Exemption of damages recovered from garnish

ment, etc., 769.05 Fellow servants, 769.01-769.03

Use in taking fish unlawful, 372.75

E EARNEST MONEY

Sales of personalty, 725.02 EARNINGS

Married women, 708.06 EARTHQUAKE

Insurance against loss caused by, 632.08 EASEMENTS

Acquisition by condemnation proceedings, 73.20, 74.141

Common law rule of implied grant of a way of necessity adopted, 704.01

Courts; jurisdiction to det ermine all questions 704.04 '

Gates; maintenance by dominant owner, 704.02 Over certain lands for certain purposes, 704.01 Public, over graveyard, 822.13

· Statutory way of necessity Exclusive of common law right, 704.01 Judicial remedy and compensation to ser

vient owner, 704.04 Practicable defined, 704.03

Survival for public services after tax sales, 192.58 EAST FLORIDA SEMINARY

Ocala; claims relative to establishment, A16 S26 EATING HOUSES

See: RESTAURANTS. Ch. 511 EDITOR. ADVERTISING

Duties, salary, employment, etc., 19.26 EDUCATION

See: SCHOOLS AND SCHOOL CODE; STATE UNIVERSITIES

EDUCATION, DEPARTMENT OF See : State board of education under SCHOOLS

AND SCHOOL CODE EDUCATIONAL ASSOCIATIONS

Conventions; reduced rates on railroads, 352.22 Tax exemption, certain leased property, 192.061

EDUCATIONAL INSTITUTIONS See: SCHOOLS AND SCHOOL CODE; STATE

UNIVERSITIES Blanket sickness and accident insurance cover

age, 642.06 Fire college See: FLORIDA STATE FIRE COL-

LEGE License taxes, 205.55 Property of, tax exempt, 192.06 State sales of property by officers, 116.13-116.15

EDUCATIONAL PURPOSES Associations for, incorporation, A3 S25 Buildings of state, supervision, A4 S25 Tax exemptions, property for, A9 S1

EDWARDS, W. T. TUBERCULOSIS SANA·, TORIUM I Named and designated, 392.24 ·

EGGS AND POULTRY INSPECTION See: ANIMALS AND ANIMAL INDUSTRY,

Ch. 583 EIGHTH JUDICIAL CIRCUIT

Counties comprising, 26.09 Terms of court; 26.29

EJECTMENT Adverse claimant, suit against, 70.01

EJECTMENT (Cont.) Betterment proceedings

Bond Defendant, by; for value, 70.12 Plaintiff. uy; for balance, 70.11

Color of title, 70.06 Co~ts, judgment for, 70.09, 70.10 Judgment

Defendant, 70.10 Plaintiff, 70.09

Jury; determination of value of improvements, 70.08

Payment Defendant, 70.12 Plaintiff, 70.11

Petition, contents, 70.06 Time of trial, 70.07 Traverse, 70.07 Trial, 70.08 Verdict of jury, 70.08

Common law action abolished, 70.01 Complaint

Copy of, delivered to defendant, 70.02 Defendant's answer , 70.03

J)eclaration Defendant

Answer, 70.03 Copy delivered to, 70.02

Form, 70.03 Service of copy, 70.02

Discovery in, 70.04 Forcible entry and unlawful detainer as a bar to

action, 82.17 Improvements, compensation for, 70.06 Interrogatories, 70.04 Joinder with other causes of action, 46.08 Judgment for plaintiff

Betterment proceedings, 70.09 Contents, 70.05

Jurisdiction, civil court of record, 33.02 Jurisdicition of actions of, A5 S11 Parties, 70.01 Pleas, 70.03 Possession, defendant's answer, 70.03 Process, issuance, 70.02 Statutory action, 70.01 Summons, 70.02 Verdict for plaintiff, 70.05

ELECTION CODE Absent voter, see: Elector Absentee ballot, see : Ballot Absentee voting, see: Voting Administration of election laws, 15.13 Administrative officers, A4 S20 Advertisement, see: Newspaper: Notice Affidavit, see : Forms Alcoholic beverage licensee, penalty for violat

ing, 99.161, 104.27 Alcoholic beverages

See : Local option elections under ALCO· HOLIC BEVERAGES AND LIQUORS

Penalty for using to gain vote, 104.061 Sale of

Election day, regulated, 104.381 Hours, prohibited, 104.381 Time prohibited; penalty, 104.381

Alien, see : Elector

3124

3125 INDEX E

ELECTION CODE (Cont.) Amendment to constitution, see: Constitutional

Amendment Armed forces, see: Elector Attorney general, A4 S20

Approve seal for supervisor, 98.341 Candidate for office, filing, 99.061, 99.161 General election for, 100.041 State canvassing board member, 102.111 Term of office, 100.041

Balloting see: Voting Ballots

.Absentee Applicants for; publication of list for; time,

101.63 Application for, 101.62 Attesting witness, 101.64 Canvassing board to count, 102.141 Canvassing of result, 101.67 Custody, 101.67, 101.68 Deadline for, 101.62, 101.64, 101.67 Double, cancelling of, 101.69 Elector's certificate, 101.64 Filing, 101.63 Form, 101.62, 101.64 Illegal use, penalty, 104.17 Illegal voting, penalty, 104.17 Instruction to applicants, 101.65, 101.66 Mailing, 101.64, 101.66 Preservation, 101.68 Signature on, 101.64 Supervisor, duty of, see: Supervisor of

registration Time for making application, 101.62 Voting, 101.61, 101.62, 101.66

Blank line, 99.131 Bond election, 100.341 Box

Custodian's oath, 101.24 Locking of, 101.24 Marking, 101.24 Not to be concealed, 100.011 Sealing, 101.24 Use of, 101.24

Candidate Grouping of, 99.051, 100.071 Name eliminated, 99.141 Name on, 99.131, 100.051

·Casting, 101.011 ·Certified name to appear on, 99.121 Changing, penalty, 104.21 Constitutional amendment, 101.161 Content, 99.131, 101.141, 101.151 Cost of printing, 101.21 Counting of, 102.012, 102.061 Delegate

Alphabetical order on, 103.101 Presidential candidate printed after name,

103.101 Depositing, 101.081 Destroyed, procedure to follow, 101.43 Displaying, penalty, 104.20 Election official; disposition of irregular,- 101.56 Elector to receive ballot of political party

registered with, 101.021 Elector to receive sample copy, 101.20 Expense of printing, 101.21 Exposing, penalty, 104.20 False declaration for assistance in casting,

104.031 General election

Color, 101.151 Content, 101.151, 101.191

ELECTION CODE (Cont.) Ballots (Cont.)

General election (Cont.) Form, 101.191 Mark other than X, effect, 101.011 Presidential elector, name not on, 103.021 Specification, 101.151

Grouping of names on, 100.071 In!pector not to handle, 101.23 Instructions on, 101.031 Intermingling, penalty, 104.13 Irregular, 101.44 Irregular, disposition, 101.56 Limit of 3, each elector, 101.101 Lost, procedure to follow, 101.43 Mark other than X, effect, 101.011 Markmg more than one name on, 101.091 Municipality, payment of cost, 101.21 Name eliminated, 99.141 Names on, 99,041

Grouping, 100.071 Only qualified candidate, 101.25 Order of, 101.26 Printing, 99.121, 100.051 Restrictions, 101.25

Newspaper, publication in, 101.20 Number furnished for each voting machine,

101.42 Number required for each precinct, 101.21 Order of names, 101.26 Penalty for failure to deliver, 99.131 Precinct

Number furnished, 101.42 Number required for each, 101.21

Presidential candidate, name on, 103·.021 Primary

Color, 101.141 Content, 101.141, 101.181 Form, 101.181 Grouping of names on, 100.071 Mark other than X, effect, 101.011 Second, name on, 100.091 Specification, 101.141 .

Printing of name on, 99.121, 100.051 Procedure for casting, 101.22 Procedure to follow in case of lost, destroyed

or stolen, 101.43 Public measure, 101.161 Publication of, 101.20 Purity of ballot, A6 S9 Record of spoiled, 101.101 Required method of voting, A6 S6 Sample, 101.41

Mailing, 101.20 Publication, 101.41

Secretary of state, prescribing of, 101.141, 101.151

Special election, mark other than X, effect, 101.011

Specifications, 101.141, 101.151 Spoiled, 101.101 Stolen, procedure to follow, 1'01.43 Stub

Filing, 101.081 Use in voting, 101.22

Substitute, 101.43 Time for delivery, 99.131 Time of publication, 101.20 Unofficial, when authorized, 101.40 Unopposed candidate, 99.041 Use of, 101.031 Vote to be by, A6 S6 Voting machine, 101.27

E INDEX 3126

ELECTION CODE (Cont.) Ballots (Cont.)

Voting machine (Cont.) Arrangement, 101.42 Furnishing, 101.42 Order of name on. 101.36 Preparation, 101.42 Sample, 101.41 Specifications, 101.42 Substitute when out-of-order, 101.40 Write in ballots, how to cast, 101.44

Voting substitute, penalty, 104.16 Write-in names, 101.011, 101:091, 101.44

Betting on result, penalty, A6 S5, 97.041, 104.25 Beverage licensee, prohibited from making con

tribution, 99.161 Billboards, banners or streamers, advertising

on; authorized, 99.172 Blanks and forms, furnishing of, 98.251 Blind person, see: Elector Board of canvassers, see: Canvassing board Board of county commissioners, see: County

commissioners Board of election, see : Election official Board of state canvassers, 102.111 Bond election, see: Elections Bond, refunding, 100.301 Books, see: Registration Booth

Arranging, 101.72 Carrying things into, penalty, 104.19 Destroying, penalty, 104.26 Elector

Entitled to be alone in, 101.071, 101.51 Occupy alone, 101.051, 101.48 Removal from, 101.071, 101.51

Persons prohibited from entering, 101.121 Providing of, 101.72

Bribery, penalty, 104.061 Bureau of vital statistics to furnish list of de-

ceased persons, 98.301 Campaign depository, see: Candidate. 99.161 Campaign expense, see: Expense Campaign literature, regulating circulation,

104.34, 104.35, 104.36, 104.37 Campaign treasurer, see: Candidate. 99.161 Candidate

Announcement of candidacy, 99.011 Assessment by party, 99.061 Attorney general, office of, filing, 99.061,

I}Q.161 Ballot

Grouping of names on, 99.051, 100.071 Name eliminated from, 99.141 Name on, 99.041 Name on, second primary, 100.091 Restrictions for name on, 101.25

Campaign depository, 99.161 Campaign expense, see: Expense Campaign treasurer

Appointment, 99.161 Certification of report, 99.161 Penalty for violating §99.161, 104.27 Removal, 99.161 Successor, 99.161

Certificate of nomination furnished, 98.321 Certification of nomination, secretary of state

to make, 99.121 Circuit judge's office, filing, 99.061, 99.161 Clerk of circuit court, filing with, 99.061 Commissioner of agriculture's office, filing,

99.061, 99.161

ELECTION CODE (Cont.) Candidate (Cont.)

Committee assessment, amount, 99.031 Comm•itteeman and committeewoman

Filing fee, 99.101 Oath, 99.101

Comptroller's office, filing, 99.061, 99.161 Contested election, circuit court, 99.192 Contribution

Beverage licensee prohibited from making, 99.161

Expense limited to deposited, 99.161 Maximum amount, 99.161 Public utility franchise holder prohibited

from making, 99.161 Racing permittee prohibited from making,

99.161, 550.07 Time limit on receiving, 99.161

Contributor's name and address filed, 99.161 Corporation contributing to, penalty, 104.091 County board of public instruction ; qualifica-

tions, 230.04 County commissioner

Nominated by district, 100.081 Notify to withdraw name, 99.141

County depository, 99.161 County offices

Expense report, 99.161 Filing, 99.061, 99.161 List furnished to secretary of state, 99.151 Term of office, 100.041

County superintendent of public instruction; qualifications, 230.25

Deadline for qualifying, 99.061 Decree of ouster, 99.211 Defined, 99.011 Delegate

Election of, 103.101 National convention

Fee, 99.102 ' Oath, 99.102

Depository, 99.161 Determination of winner, 100.181 Drawing of lots when tie vote, 100.181 Executive committees; funds expended in be-

half; reports, filing, 99.161 Exempt from second primary, 100.061

Expense Allowed and disallowed, 99.172 Certain, prohibited, 99.172 Contributions authorized to pay only cer

tain, 99.172 Penalty for violating, 99.161, 99.172, 104.27,

104.28 Regulation and report, 99.161 Special election, filing of, 100.121 Statement

Admissible in evidence, 99.183 Retained 3 years, 99.183

False certificate of nomination, penalty, 104.021 False charges against opposing candidates;

penalty, 104.271 Fee, filing of, 99.061 Filing fee, 99.031 General election, grouped names, 100.071 Gift, maximum amount, 99.161 Governor's office, filing, 99.061, 99.161 Group on ballot, 99.051 Judge of inferior courts' office, filing, 99.071,

99.161 Legislative office, filing, 99.061, 99.161 Legislature, list of candidates qualifying;

furnished to clerk, circuit court, 99.061

3127 INDEX E


Literature, 104.34-104.37 Malicious charges agains t opposing candi-

date; penalty, 104.271 Municipality, exemption, 99.161 Newspaper furnish reply space, 104.38 Nomination

Compliance with law, necessary, 101.25 County boards of public instruction, !30.08 County office, filing, 99.061, 99.161 County superintendent of public instruction;

qualifications, 230.25 Group, 99.051 Judge of inferior court, filing, 99.071, 119.161 Legality, 101.25 Name certified, 99.121 Prima facie evidence, 98.331 Solicitor, filing, 99.071, 99.161 State office, filing, 99.061, 99.161 Unopposed, 99.041 Vacancies in elective offices; executive com-

mittees, selection of nominees by, 100.111 Nominee, decree of ouster, 99.211 Non-communist oath, 876.05-876.10 Oath, 99.021, 876.05 Order of names on ballot, 101.26 Penalty .

Circulating charge against, 104.34 Contributing reward for support, 104.071 Distributing material against, on election

day, 104.35 Promising to appoint person, 104.091 Violating §99.161, 104.27

Prerequisites, 99.061 Presidential

General election, name on ballot, 103.021 Minority political party, name on ballot,

103.021 Name printed on ballot after delegates',

103.101 Presidential elector, procedure for nomina

tion, 103.021 Primary

Filing, 99.061, 99.161 Names grouped on ballot, 100.071 Second, 100.091

Public address equipment, expense, 99.161 Qualification fee, 99.031, 99.061 Report, filing, 99.161 Representative to congress, office of, filing,

99.061, 99.161 Secretary of state

Filing with, 99.061, 99.161 Legislature members, list of candidates

qualifying; furnished clerk, circuit court, 99.061

Notify to withdraw name, 99.141 Office of, filing, 99.061, 99.161

Solicitor Filing, 99.071, 99.161 Time for qualifying, 99.071

Special election Expense, filing, 100.121 Qualifying, 100.121

State attorney, office of, filing, !il9.061 , 99.161 State offices

Expense report, 99.161 Filing, 99.061, 99.161 Term of office, 100.041

State representative, office of, filing, 99.061, 99.161


State senator, office of, filing, 99.061, 99.161 Superintendent of public instruction, office of,

filing, 99.061, 99.161 Supreme court justice, office of, filing, 99.061,

99.161 Sworn statement, 99.061 Term of office, 100.041 Tie vote, drawing of lots, 100.181 Time for qualifying, 99.061 Treasurer's office, filing, 99.061, 99.161 Unopposed, 99.041, 99.111

Exemption from filing report, 99.161 Vote, purchase of, penalty, 104.061 Willful or malicious charges against opposing

candidate; penalty, 104.271 Withdrawal of name, 99.141

Canvass of vote, see: Results Canvassing, see : Canvassing board: Results Canvassing board

Absentee ballot Counting, 101.68 Custody, 101.68

Clerical help, 102.141 County board

Absentee ballot, counted by, 102.141 Duties, 102.141 Membership, 102.141

Protest filed with, 101.57 ltesults, 102.012 Returns of special election, 100.121 Special election

Date of return, 100.191 Return of, 100.121

State board Certificate of results issued by, 102.111 Membership, 102.111 Method of counting, 102.131

Time of return in special election, 100.191 Voting machine, opening of locked, 101.56

Capitation tax, A6 S8 Casting of ballot, see: Voting Certificates

Election, certificate of, A16 S20 Congressman, 103.041 Contested in circuit court, 99.192 Evidence, prima facie, 98.331 Governor to issue, 103.041 Presidential elector, 103.041 Secretary of state to transmit, 98.331 Supervisor to furnish, 98.321

Nomination, certificate of Clerk of circuit court, custodian, 99.151 Contested in circuit court, 99.192 County commissioners, preserved by, 99.151 Evidence, prima facie, 98.331 Filing, 99.151 Penalty for false, 104.021 Preservation, 99.151 Secretary of state to transmit, 98.331 Supervisor to furnish, 98.321

Registration, certificate of Cancellation, when elector moves, 98.061 Copy furnished to elector, 97.071 Duplicate, 97.091 Form, 97.071 Information regarding permanent registra-

tion, 98.081 Issuance, 97.071 Military, 97.062 Present at precinct when name not on book,

97.091

E INDEX 3128

ELECTION CODE (Cont.) Certificates (Cont.)

Registration, certificate of (Cont.) Replacement, 97.101 Surrender when party affiliation changed,

97.111 Result, certificate of, 101.55, 102.121, 102.151 Transfer, certificate of, 98.061

Chancery, remedy in, 99.211 Circuit court

Bond election, validation, 100.321 Contested election, 99.192 Decree of ouster, 99.211 Jurisdiction of t est suit, 100.321

Circuit judge, candidate for, filing, 99.061, 99.161 Circuit judges, A5 S46 City and town, see: Municipalities Clerk, see: Election official Clerk of circuit court

Certificate of nomination, custodian, 99.151 County executive committee, reports, filing,

99.161 General election for, 100.041 Legislature members, list of candidates quali

fying; furnished by secretary of state, 99.061 Notify supervlsor of unopposed candidate,

99.111 Supervisor of registration; list of felons; fur

nished, 98.312 Term of office, 100.041

Clerks of court, A5 S15, S30, AS S6, A18 SIO Commissioner of agriculture. A4 S20

Candidate for, filing, 99.()61, 99.161 General election for, 100.041 Term of office, 100.041

Commissioners of mosquito control districts, 388.16

Committee assessment, see: Political party Committeeman and committeewoman, see:

Delegate Compartment, see: Booth Comptroller, A4 S20

Candidate for, filing, 99.061, 99.161 General election for, 100.041 State canvassing board member, 102.111 Term of office, 100.041

Conflicting law, repealed after 1960, 98.381 Congress

Candidate, filing, 99.061, 99.161 Certificate, A16 S20 Counting of returns for, 102.131 Districts, 8.03 Representative

Candidate for, filing, 99.061, 99.161 Certificate of election, 103.041 Elected at general election, 99.091 General election for, 100.041

Senator, A3 S31 Candidate for

Filing, 99.061, 99.161 Report to campaign treasurer, 99.161

General election for, 100.041 Time when elected, 99.081 Vacancy, filling, 100.161

Special election, to fill vacancy, 100.101 Vacancy

Filled by special election, 100.101 Filling, 100.111, 100.161 Senate, filling, 100.161

Congressional district Nominees' name certified, 99.121 Representative from each, 8.03, 99.091 ·

ELECTION CODE (Cont.) Constable, see: Peace officer Constitutional amendment, A17 81, 82

County commissioner, posting by, 101.171 Displayed at precinct, 101.21 Notice, 101.171 Numbering, 101.161 Phraseology, 101.161 Posting, 101.171 Secretary of state, printed and furnished by,

101.171 Wording, 101.161

Constitutional convention Appropriation for expenses of election, 107.11 Ballots, contents, 107.05 Candidates, application, fee and petition; fil

ing, 107,04 Delegates, number and qualifications, 107.02 Inspectors, appointment and compensation,

107.06 Manner of holding election, 107.03 Return, canvass, 107.07

Container, see: Box under Ballots Contest .

Form; protesting election return, 101.571 Result, 101.57

Contested election, see: Elections Contribution

Amount, maximum, 99.161 Beverage licensee prohibited from making,

99.161 Campaign treasurer to handle, 99.161 Candidate's expense, limited to deposited,

99.161 Certain persons prohibited from making,

99.161 CorpOration making, penalty, 104.091 Deposit of, 99.161 Illegal, penalty, 104.061 Limited time for receiving, 99.161 Maximum amount, 99.161 Public utility franchise holder prohibited from

making, 99.161 Racing permittee prohibited from making,

99.161 Report, 99.161 Returned if received 5 days before election.

99.161 Statement, 99.161

Copy of law, furnishing of, 98.251 Corporation

Penalty for violating 99.161, 104.27 Using money for political purposes, penalty,

104.091 Cost, see: Expense Cotton production control districts

Abolition, 579.08 Creation

County commissioners to call, 579.05 Effective date, 579.07

Electors, qualifications, 579.05 Notice, etc., 579.06

Counting votes, see: Results County auditor, ex officio, A5 S15 County boards of public i1111truction, 230.04,

230.06, 230.08, 230.10, 236.02 County-wide vcute, 230.10 Members, terms, arrangement, 230.09 Time of taking office, 230.14

County canvassing board, see: CanvaS6iDg board

County commissio·ners, A5 S15, AS 85 Appropriate money to investigate election,

104.42

3129 INDEX B

ELECTION CODE (Cont.) County Commissioners (Cont.)

Ballot Box, duty to furnish, 101.24 Candidate's name on, 99.131 Name printed on, 99.121, 100.051 Penalty, failure to deliver, 99.131 Printing, 99.131 Publication of sample, 101.41 Sample to be published or mailed, 101.20 Time to deliver, 99.131

Bond election, canvass return, 100.271 Booth, providing, 101.72 Call bond election, 100.211 Candidate, name withdrawn, 99.141 Canvassing board, county, member, 102.141 Certificate of nomination preserved by, 99.151 Clerk, compensation, paid by, 102.021 Constitutional amendment, posting, 101.171 Container, furnishing, 101.47 Deputy sheriff, compensation, paid by, 102.021 Deputy supervisor of registration, pay com-

pensation, 98.271 District nomination, 100.081 Election official, to appoint, 100.171 Forms, duty to supply, 101.051, 101.48 Freeholder, duty regarding, 97.081 General election for , 100.041 Identification slip, duty regarding, 101.47 Inspection board

Additional inspectors, appointment, 102.012 Appointment of, 102.012 Publish names of, 102.012

Inspector, compensation, paid by, 102.021 Material furnished by, 98.361 Nomination, 100.081 Nominee certified to, 99.121 Number, 124.01 · Omitted name, certified by supervisor to,

98.371 Permanent registration system

Duty, 98.041, 98.051 Duty when city adopts, 98.091 Expense of adoption, 98.131 Mandatory date, 98.131

Polling place, changing, 98.031 Power over registration book in precinct,

98.021 Precinct

Changing boundary, 98.031 Registration officer, compensation, 98.161 When epidemic in the locality, 101.74

Primary election, nomination by district, 100.081

Restoring name on book, 98.291 Sample ballot, publish, 101.20 Special election

Arrangement, 100.171 Election official, to appoint, 100.171 Notice, 100.151

Supervisor of registration Duty upon failure to act, 98.291 Notice of special election, 100.151

Term of office, 100.041 Time for opening registration books, 98.011 Voting district, to designate, 98.031 Voting machine

Adoption, 101.32 Authority to allow municipality to use,

101.36 Compensate deputy custodian, 101.34 Provide for trial use, 101.31 Responsibility in regard to, 101.29

ELECTION CODE (Cont.) County committeeman and committeewoman,

See: Political party County judge, A5 S16

Canvassing board, county, member of, 102.141 Certificate of r eturn, receive copy, 101.55 Supervisor of registration, incompetent's name

furnished, 98.311 Term of office, 100.041

County office, candidate for Expense report, 99.161 Filing, 99.061, 99.161 Unopposed, 99.111, 99.161

County officer, general election for, 100.041 County officers, provision for, A3 S27, A8 S6,

A18 S10 County offices, vacancies in elective; filling,

100.111 County r ecorders, A5 S15 County seat, change

Candidates ; list of towns, 138.04 Canvass and result, 138.06 Canvass of votes, second election, 138.09 Conduct, 138.03 County commissioners to order, 138.02 Form of ballot, 138.05 Petition, 138.01 Returns, 138.03 Second election; when, 138.07 Unlawful use of money to influence, 138.11

County solicitor, A5 S47 County superintendent of public instruction.

A8 S6 Qualification, 230.25 Term of office, 100.041, 230.24

County surveyor, A8 S6 Term of office, 100.041

County treasurer, A18 S10 Curtain, see: Booth Dade county commissioners, A8 Sll Deadline for absentee ballot, 101.62, 101.64~

101.67 Definitions

Absent elector, 101.61 Board of election, 101.27 Candidate, 99.011 Election, 97.021 Election board, 101.27 Elector, 97.021 Freeholder, 100.241 General election, 97.021

Special, 97.021 Irregular ballot, 101.44 Minority political party, 97.021 Political party, 97.021 Primary election, 97.021

Special, 97.021 Special election, 97.021 Supervisor of registration, 97.021 Voter, 97.021 Voting machine, 101.27

Delegate Committeeman and committeewoman

Filing fee, 99.101 Oath, 99.101

Election of, 103.101 Fee, 99.101 Oath, 99.102

Depository, See: Candidate, 99.161 Deputy sheriff see: Peace officer Disabled person see: Elector District, see: Precinct

E INDEX 3130

ELECTION CODE (Cont.) District school tax, levy, A12 S10 District school trustee, counties, A12 S10 Districts. boundaries

Change in county board of public instruction districts, 230.07

Change of, to conform with county commis-sioners' districts, 124.04

Donation see : Contribution Election board see: Ele-ction official

Election official See also: County commissioners: Supervi-

sor of registration Administering oath to challenge elector, 101.111 Announce time polls open, 100.011 Ballot, irregular, 101.56 Board of election, defined, 101.27 Books, furnished by supervisor, 98.241 Clerk

Ballot, duty to supply substitute, 101.43 Certifying r esult, 102.071 Compensation, 102.021 Duty

In closing polls, 102.061, 102.071 On inspection board, 102.012 To preserve certain records, 101.50

Election board, member of, 101.27 Form of receipt for election material de-

livered, 101.47 Literacy requirement of member, 102.012 Penalty for neglect of duty, 104.051 Vacancy, filling, 102.051

Disabled person, examination, 101.051, 101.48 Disclosing vote of elector, 104.23 Duties, 101.031, 101.051, 101.061, 101.22, 101.23,

101.48, 101.52 At polling place, 101.71 In closing polls, 101.54 In opening polls, 101.45

Election board, 101.27 Elector, assisting in voting, 101.051, 101.061,

101.48, 101.52 Filing ballot stub, 101.081 Furnish ballot to replace spoiled, 101.101 Identification slip, duty regarding, 101.47 Illiterate, ·examination of, 101.051, 101.48 Inspection board, 102.012 Inspector

Additional; appointment, 102.012 Certifying result, 102.071 Compensation, 102.021 Duty

In closing polls, 102.061, 102.071 On inspection board, 102.012 To preserve certain records, 101.50

Election board, member of, 101.27 List of electors voting, to keep, 101.23 Penalty for neglect of duty, 104.051, 164.29 Polling place, maintain order at, 102.031 Prohibit challenged elector from voting,

101.021, 101.111 Regulation of electors, 101.22, 102.041 Vacancy, filling, 102.051

Inspectors of election , blanks and forms furnished to, 98.251

Issue ballot, 101.011 Manual of election code, duties outlined in,

104.46 Neglect of duty, penalty, 104.051 Poll list, return to supervisor after election,

102.071 Precinct registration officer, see: Supervisor

of registration

ELECTION CODE (Cont.) Election official (Cont.)

Procedure when signature is different, 101.49 Prohibit unregistered person to vote, 98.201 Record of spoiled ballots, 101.101 Report violation of law, 101.60 Vacancy, filling of, 102.051 Voting machine

Duty before elector uses, 101.47 Inspection, 101.37 Instruction on, 101.35 Locking, 101.54, 101.56

Watcher, 101.131, 101.53 Challenging elector, 101.111 Permitted to be present for counting, 104.29

Elections Bond issue

Applicability of law not specifically cov-ered, 100.221

Appointment of inspector and clerk, 100.271 Ballot, 100.341 Bridges; freeholders participation, 130.18 Calling of, 100.211 Canvassing returns, 100.271 Circuit court

Jurisdiction of test suit, 100.321 Validation by, 100.321

Closing of registration books, 100.231 ' Combined with other elections, 100.261 County, canvassing returns, 100.271 Defeated, six months waiting period, 100.331 Election for, 100.201 Electors, qualifications, 100.241 Evidence of outcome, 100.291 Finality of issuance, 100.321 Freeholder, 97.081

Defined, 100.241 Majority, 100.281

Holding with other elections, 100.261 Illegal voting, penalty, 104.14 Legality, 100.321 Local law, exempt from provisions, 100.311 Majority of freeholders to participate,

100.281, 130.03 Municipality, canvassing returns, 100.271 Notice, 100.211 Participation, 100.241, 104.14 Polling place, 100.221 Prerequisites for, 100.201 Record of result, 130.03 Refunding bonds, 100.301 Registration books closed, 100.231 Reregistration of freeholder, 97.081 Res judicata, 100.321 Result, prima facie evidence of, 100.291 Revoting on, six months waiting period,

100.331 Sewer obligation bonds, 184.07 Unapproved, six months waiting period,

100.331 Validation, 100.321

Certificate of, see: Election, certificate of, un-der Certificates

Challenges, electors, 101.021, 101.111 Conspiracy to prevent holding, 833.01 Contested election

Alternative remedies, 99.221 Appeal to supreme court, 99.231 Chancery, remedy in, 99.192, 99.221 Circuit court, 99.192 Court procedure, quo warranto, 99.221 Decree of ouster, 99.211

8131 INDEX E

ELECTION CODE (Cont.) Elections (Cont.)

Contested election (Cont.) Legal remedy

Chancery suit, 99.221 Quo warranto, 99.221

Leon county, venue for contested referendum, 99.202

Parties defendant, 99.192 Prosecuting officer, may use identification

slips, 101.50 Quo warranto, 99.221 Referendum, 99.192, 99.202

Declared void, 99.211 Venue, 99.202 Writ of error, 99.231

County office. expense, 100.011 Defined, 97.021 Elector voting, list of, 101.23 Expenditure allowed in furtherance of candi

dacy at, 99.172 Expense, payment of, 100.011 False, willful or malicious charges against op

posing candidates, penalty, 104.271 General election

Applicable laws same as special, 100.191 Attorney general, election for, 100.041 Ballot

Candidate's name on, 100.051 Color, 101.151 Content, 101.151 Cost, 101.21 Form, 101.191 Mailing sample copy, 101.20 Mark on, other than X, effect, 101.011 Order of names on, 101.26 Presidential candidate, name on, 103.021 Publication, 101.20 Sample published before, 101.41 Specification, 101.151 Write-in names, how to cast, 101.011,

101.091, 101.44 Bond election may be combined with, 100.261 Cabinet officer, election for, 100.041 Candidate, name on ballot, 100.051 Clerk of circuit court, election for, 100.041 Closing of registration books, 98.011 Commissioner of agriculture, election for,

100.041 Comptroller, election for, 100.041 Congressman, 99.091, 100.041 Contribution, maximum, 99.161 County commissioners, print name on bal-

lot, 100.051 County officer, general· election for, 100.041 Day; legal holiday, 683.01 Decree of ouster, 99.211 Defined, 97.021 Elector, secret voting, 101.041 Executive committees, funds expended in

behal!' of candidates; report, filing, 99.H:il Expenditures authorized and prohibited ~1H '

Filling vacancy at, 100.111 Governor, election for, 100.041 Holding, 100.031 Justice of the peace, election for, 100.041 Legislator, election for, 100.041 Names, order of on ballot, 101.26 Nominees, group names, 100.071 Notice, 100.021 Peace officer, election for 100.041 Presidential elector not or:. ballot, 103.021


General election (Cont.) Regulation by inspector, 101.22, 102.041 Representative, U. S., elected at, 99.091 Secret voting, 101.041 Secretary of state, election for, 100.041 Senator, U. S., election for, 99.081 Sheriff, election tor, 100.041 Special, defined, 97.02, 97.021 State senator, election for, 100.041 Superintendent of public instruction, 100.041 Time, A18 S9

For holding, 100.031 Polls to be opened, 100.011

Treasurer, election for, 100.041 Vacancy

Filled at, 100.111 Congressman, filling of, 100.111 United States senate, filling, 100.111

Voting in precinct of permanent place of residence, 97.041, 97.091

Voting, to be secret, 101.041 Write-in ballots, how to cast, 101.11, 101.091,

101.44 . List of electors voting, 101.23 Local option, see: Local option elections un

der ALCOHOLIC BEVERAGES AND LIQUORS

Malicious, false or willful charges against opposing candidate, penalty, 104.271

Municipal election, registration record, delivery of, 98.091

Notice Publication of, 100.021 Time to be published, 100.021

Offenses and penalties See Ch. 104 and specific heads Officers, state and county, A3 S27

Orange county; referendum regarding proposed Article 20, Section 1, A20 S2

Poll list Inspector to keep, 101.23 Return to supervisor after election, 102.071

Primary election Ballot

Candidate, grouping of, 99.051 Candidate, names on, 99.131 . Challenged elector, failure to execute af-

fidavit; not entitled to, 101.021 Color, 101.141 Content, 101.141 Cost, 101.21 Delivery, 99.131 Elector to receive ballot of political party

registered with, 101.021 Form, 101.181 Grouping of names on, 100.071 Mailing sample copy, 101.20 Mark on other than X, effect, 101.011 Name on, 99.041 Publication, 101.20 Sample published before, 101.41 Specification, 101.141

Campaign treasurer, 99.161 Change of party affiliation, 97.111 Closing of registration books, 98.011 Contested, circuit court, 99.192 Contribution, maximum, 99.161 County commissioners, nomination by dis

trict, 100.081 Date of, 100.061 Decree of ouster, 99.211

E INDEX 3132


Primary election (Cont.) Defined, 97.021 Delegate, national convention, oath and

fee, 99.101 Depository, 99.161 Elector

Challenged, not entitled to ballot, failure to execute affidavit, 101.021

Political party, receive ballot of political party registered with, 101.021

Secret voting, 101.041 Elector to receive ballot of political party

registered with, 101.021 Executive committees, funds expended in

behalf of candidates; report, filing, 99.161 Expenses, authorized and prohibited, 99.172 Fee, 99.031, 99.061 Filing by candidate, 99.061, 99.161 Filling vacancy at, 100.111 First primary, 100.061 Group

Candidates on ballot, 99.051 Printing on ballot, 100.071

Name on ballot, second primary, 100.091 Nominee's name certified, 99.121 Political party

Assessment, 99.061 Candidate unopposed, 99.041

Precinct Officer, duty, 98.021, 98.041 Registration books, county commissioners'

power, 98.021, 98.041, 98.051 Purpose of second primary, 100.091 Registration

Books, time when open, 98.021, 98.051 Necessity of, 97.031, 97.041 Notice when books open, 98.051

Regulation by inspector, 101.22, 102.041 Second primary, 100.061, 100.091

Delegate, election at, 103.101 Secret voting, 101.041 Solicitor, filing, 99.071 Time of, 100.061, 100.091 Time polls to be opened, 100.011 Voting in precinct of permanent place of

residence, 97.041, 97.091 Referendum, 100.351

Contested, 99.192, 99.202 Legislative act, 100.351

On ballot, 101.161 Venue, 99.202 Void, 99.211

Regulation by legislature, A3 S26 Returns

Form; protest of, 101.571 Protest of, 101.57

School election, time polls open, 100.011 Second primary, 100.061, 100.091 Special election

Amendment to constitution, A17 S3 Applicable laws same as general election,

100.191 Arrangement, 100.171 Ballot

Cost, 101.21 Mailing sample copy, 101.20 Mark on other than X, effect, 101.011 Publication, 101.20 Sample published before, 101.41

Bond issue, 100.201, 100.211 Bond issue, combined with, 100.261


Special election (Cont.) Bridges, bonds, 130.18, 130.19 Candidate, qualifying, 100.121 Closing of registration books, 98.011 Congressmen, vacancy filling, 100.111 County commissioners

Arrangement for, 100.171 Give notice to supervisor, 100.151

Date, 100.101 _ Defined, 97.021 Determination of when to be held, 100.101 During legislative session, 100.131 Election official, appointment, 100.171 Elector, secret voting, 101.041 Expense, filing, 99.161, 100.121 Governor to call to fill vacancy, 100.121 Laws; regulations, A3 S20 Legislator, vacancy; fi~ling, 100.111 Mosquito control district, see: MOSQUITO

CONTROL DISTRICTS, Ch. 389 Notice, 100.141 Purpose, 100.101 Race meetings, permits to hold, 550.05,550.06,

550.07, 550.17, 550.18 Recreation centers and playgrounds, es-

tablishment, levy of tax, 418.08 Referendum, 100.351 Registration books, availa~ility, . 1.00.~51 Required upon death or disqualifiCatiOn of

governor-elect, 14.16 Road and bridge districts, 140.02, 140.04,

140.22 Road, bridge and ferry districts, 141.01,

141.02 Improvements, 140.19 Notice, 140.03

Secret voting, 101.041 Tax road districts

Ballots, 139.13 Biennially, 139.08 Canvass of returns, 139.05 County commissioners, duty, 139.02 Electors, qualifications, 139.07 Laws governed by, 139.06 Notice, 139.04 Payment, costs and expenses, 139.07 Qualification of electors, 139.07

Tax school districts see: School districts under SCHOOLS AND SCHOOL CODE, A12 S17

Time polls to be opened, 100.011 Vacancy to be filled, 100.101 Voting in precinct of permanent place of

residence, 97.041, 97.091 State office, expense of election, 100.011 Validation of bonds, 75.03 Willful, false or malicious charges against op

posing candidates, penalty, 104.271 Elector

Absent, defined, 101.61 Absentee, voting in person, 101.69 Age, A6 S1, 97.041 Alien, 97.041 Armed services

Preregistration, 97.062 Reregistration unnecessary, 97.121

Arrest for violating election law, 101.60 Assisting in voting, 101.051, 101.061, 101.48,

101.52 Assuming name, penalty, 104.24

Florida Statutes 1953, Volume 2 · 3085 INDEX (; CRIMINAL PROCEDURE (Cont.) Arrest (Cont.) Surety...

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Transcript of Florida Statutes 1953, Volume 2 · 3085 INDEX (; CRIMINAL PROCEDURE (Cont.) Arrest (Cont.) Surety...